Fancaster Competitions
Fancaster World Dog Expo Challenge
Rules Information
WORLD DOG EXPO FANCASTER® CHALLENGERules Information
World Dog Expo Fancaster® Challenge
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY.
The World Dog Expo Fancaster® Challenge (“Contest”) is open only to legal U.S. residents, 13 or older. Employees, officers, and directors of Fancaster, Inc. ("Sponsor"), The World Dog Expo, and its affiliates, retail establishments hosting Contest entry, their respective parent companies, affiliates, subsidiaries, advertising, promotion and other agencies, other entities involved in the development, administration/implementation and/or fulfillment of the Contest (“Contest Entities”), and their immediate family members (parents, children, siblings, spouse) and members of their same households (whether related or not) are not eligible. Persons who are professional broadcasters or announcers (defined as those who receive or have received compensation, including a prize or award, for their broadcasting/announcing) are also ineligible. Void outside the U.S. and where prohibited by law.
2. CONTEST THEME & OVERVIEW.
The theme of the Contest is to find the most creative and entertaining broadcast from the World Dog Expo in Secaucus, NJ. In the Contest, participants will provide their own opinions, overviews and commentary from events featured at The World Dog Expo and these performances may be posted on www.fancaster.com (“Web Site”) or The World Dog Expo's website at anytime for purposes of public voting and/or educational and entertainment purposes during and after the contest. The Contest will commence on July 28, 2017 and shall conclude on or before September 1, 2017. Generally, the Contest will begin in July, 2017 and will end in September, 2017.
3. CONTEST ENTRY.
A. Steps. To participate in the contest for The World Dog Expo FANCASTER CHALLENGE, participants signed releases during the World Dog Expo and were videotaped for participation in this competition. By completion of the signed release form, all contestants agree to this contests rules which includes a blanket release of liability to The World Dog Expo and Fancaster, Inc. as well as granting Sponsor rights to the performance in edited or unedited form.** If you are not in agreement with the terms, conditions and release of all rights, before September 1, 2017, please email promotions@fancaster.com requesting that your video submission be withdrawn from the contest. Your performance is created by you and submitted by only you. At sponsors' sole discretion, any video submissions may be disqualified from the Contest with Sponsor having no liability or obligation to you.
B. Restrictions. Limit one (1) performance per person in each fancaster competition. Only a single person or duo may create a performance; no collaborative performances involving more than two (2) persons are permitted. In creating a performance, participant(s) understand and agree that he/she/they will NOT receive any compensation in conjunction with the creation, recordation, or posting of performance on any Web Site or social channel (unless determined to be prize winner). As used in this subsection, “performance” refers both to the video recordation originally created by participant(s), and the version of performance even if edited by Sponsor, as well as a thumbnail image or an excerpt of edited version of performance). Posting of performance on the Web Site does not signify that participant(s) submitting same has/have won a prize. Participant releases and agrees to hold harmless Sponsor and other Contest Entities from any and all liability associated with editing, recordation or posting of performance, including his/her express acknowledgment that (a) the performance as posted on the Web Site may differ from the performance as created by participant; (b) the performance will be attributed to participant(s) by “Contestant Order in which the videos are aligned”; and (c) performances will be displayed in a “gallery” in any pattern, sequence or format, as determined by Sponsor in its sole discretion and Sponsor may (or may not) alter, rotate or rearrange the pattern, sequence or format of such performances at time(s) of its sole choosing. Participants should allow at least approximately (60) business days from the date of submission of videos for posting on Web Site, but Contest Entities (including Sponsor) caution that, due to space constraints and/or other logistical issues, it is possible that not all performances submitted will be posted on Web Site. Contest Entities (including Sponsor) disclaim any and all liability resulting from any delay in posting of performance, failure to post performance or failure of performance to remain posted on Web Site.
** In the event of any inconsistency between Press Releases, News Articles, telephone conversations, email exchanges, and these Official Rules, the Official Rules shall prevail, govern and control.
C. Grounds for Disqualification. A performance may be disqualified, at the sole discretion of Sponsor, if it is determined by Sponsor that participant(s) engage (or attempt to engage) in any of the following conduct: (i) entry in the Contest through any means other than as expressly described in these Official Rules; (ii) disruption of the Contest, circumvention of the terms and conditions of these Official Rules, or in any way tampering with any component of the Contest (including manipulation of voting totals); (iii) creation of a performance that Sponsor deems inappropriate or unfit for publication (e.g., performances with nudity, profanity or racist content will be disqualified); (iv) violation of the rights of publicity, privacy, trademark, copyright or other rights of any third party and/or is libelous, scandalous, or defamatory; (v) promotion of a commercial/business enterprise, a charity, political, religious cause or any cause or thing other than the participant(s) him/herself/themselves; and/or (vi) activity deemed by Sponsor in its sole discretion to be inappropriate, obnoxious, belligerent or anti-social (including failure to comply with any and all instructions by Sponsor or Sponsors' representatives or abusive, threatening or hostile behavior toward Sponsors' representatives, or any other participant). Sponsor acts merely as a passive conduit for the online display of performances and has no obligation to and expressly disclaims any and all responsibility for (and liability in conjunction with) screening, monitoring or reviewing performances.
4. DETERMINATION OF WINNERS.
A. Overview.
The WORLD DOG EXPO FANCASTER CHALLENGE contest consists of one (1) round: the
There will be one (1) try-out per Round, with finalists per try-out. Winners in the Finalist Round to determine the best performance for this promotion. The winner of the Finalist Round Prizes will win the Grand Prize.
In the finalist round, the participants’ performances will be posted on Web Site for popular vote. The performance(s) with the highest star rating (1 star being the lowest and 5 stars being the highest) will be the winners. Winners will be notified by telephone or e-mail approximately seven (7) days after conclusion of the Voting Period for the finalist round
Voting Periods for each round will be at least seven (7) calendar days. See Rule 5 below for additional information regarding
voting.
In the event of a tie vote, the winning performance will be the performance among the tied performances that received the highest total number of votes recorded by Sponsor in the voting period for the applicable round. If prize is won by performance created by a duo, the prize, in any round, will be shared equally by the duo except where expressly indicated otherwise. In all cases, participant(s) must create performance(s) solely by him/herself/themselves: use of substitutes, proxies or surrogates is prohibited.
B. Finalist Round.
The Finalists for the WORLD DOG EXPO FANCASTER CHALLENGE will be featured online on fancaster.com from approximately July 27, 2017 Through September 1, 2017. (“Finalist Performance”). The Finalist Performances will be posted for public voting on Web Site. The top scoring Finalist will win the
Finalist Round Grand Prize—One pair of tickets to the 2018 World Dog Expo in Secaucus, NJ There will be no runner up prizing whatsoever.
If Finalist Round Prize winner is a duo, the prize will be shared by the two (2) members of the duo,
The total ARV of the Finalist Round. Prize may be up to $500. (Actual value will depend on the market value at the time award is given). An individual may only win up to one (1) Finalist Round Grand Prize per fancaster competition per calendar year.
5. VOTING.
To vote in any round, an individual must first register at Web Site. A purchase or payment is not required to register or vote. To register, you must provide basic contact information (including your name and e-mail address). A valid e-mail address is required. By using the Web Site and providing personal information, you agree to the Web Site’s privacy policy. Limit of one (1) vote per e-mail address per performance.
6. LEADER BOARDS.
Sponsor disclaims any and all liability for the accuracy, completeness or recency of the
information on any Leader Board for THE WORLD DOG EXPO FANCASTER CHALLENGE may be given at anytime upon written request to promotions@fancaster.com. Sponsor reserves the right at any time, without notice or liability of any kind, to revise, amend or modify the information on any Leader Board. Sponsor may update Leader Board(s) at time(s) of its sole choosing and in its sole discretion. Inclusion of one’s performance and first name/last initial on a final Leader Board (or any other posted Leader Board) for the WORLD DOG EXPO FANCASTER CHALLENGE does NOT constitute a representation by Sponsor that he/she has won a prize and is in no way binding upon Sponsor.
7. PRIZE RESTRICTIONS.
All costs and expenses not specifically listed above are the sole responsibility of winners; for Prizes. For all prizes, winners must provide a valid and legitimate mailing address in which to receive prizes.
No prize substitution except at Sponsor’s sole discretion due to prize unavailability of any kind and only then for prize of equal value. No prize transfer. Winner will be solely responsible for all applicable taxes on prize(s) won; if fair market value of prizes won by an individual is $600 or more, he/she will receive a 1099 Tax Form for the year the prize(s) were won.
Finalist Round Prize is subject to availability and other restrictions. In the event of noncompliance or if winner (of any prize) cannot be contacted for any reason, such winner will be disqualified and the prize forfeited, with an alternate winner being selected, time permitting. If a valid address is not provided or the winner cannot be located, an alternate winner will be selected. In such case, Sponsor will select an alternate winner to take the place of the disqualified winner from all remaining eligible performances for the finalist round of the WORLD DOG EXPO FANCASTER CHALLENGE or otherwise, time permitting.
If applicable, guest of Finalist Round Prize winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must complete, sign and return a Release of Liability and Publicity Form (unless otherwise prohibited).
8. ADDITIONAL CONDITIONS OF PARTICIPATION.
A. Agreement to Rules; Releases.
By participating in the Contest, participant agrees (1) to be bound by and abide by these Official Rules and by all decisions of Sponsor/Sponsor representative, which are final, binding and not open to appeal; (2) to release and hold harmless Sponsor, each Contest Entity and their respective directors, officers, employees, subsidiaries, affiliates, agents, suppliers, divisions, agencies, licensees, successors and assigns (“Released Parties”), from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to his/her participation in the Contest, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, including but not limited to, third party claims that may be made against participants and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of participant, including without limitation, claims concerning infringement or invasion of his/her privacy or publicity rights, or defamation; (3) if he/she wins prize(s), by accepting prize(s), participant grants Sponsor the right to use his/her name, photo, likeness, image, voice and other indicia of persona for advertising/publicity/trade purposes without further notice or further compensation (except where prohibited by law); (4) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning participation in the Contest; and (5) that NEITHER SPONSOR, NOR ANY OF THE FOREGOING ENTITIES HAVE MADE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY CONTEST MATERIALS OR ANY PRIZE.
B. Limitations of Liability.
Contest Entities disclaim any and all liability for (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, performances once posted on the Web Site; (b) performances and/or votes that (as applicable) are improperly recorded, uploaded, received or edited, incomplete, garbled, distorted, blurred or otherwise flawed or defective whether due to faulty machinery, mechanical error, human error, technological malfunction/failure/error of any kind (including computer hardware, software or telephone network/line difficulty), computer virus, unauthorized human intervention, tampering or hacking; (c) damage to an individual’s or a third party’s computer in conjunction with voting for performances; and (d) any typographical or other error in the printing of the offer, advertising or administration of the Contest.
C. Force Majeure.
If for any reason the Contest is not capable of being conducted as originally planned for any reason, including, without limitation, an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation or interruption of the broadcast of the 2017 WORLD DOG EXPO Fancaster Challenge including but not limited to the maintenance of operations, or insolvency of any of the sponsors, or any other causes beyond the control of Sponsor, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, or to conduct the Contest and make the prizes available in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on the Web Site. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
D. DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL
To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of a participant and/or Fancaster, Inc., shall be filed exclusively in the federal or state courts of Bergen County, New Jersey and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of a participant and/or Fancaster, Inc. shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (d) under no circumstances will an entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Fancaster, Inc., shall be governed by and construed in accordance with the laws of New Jersey without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of New Jersey or of any other jurisdiction.
9. WINNERS LIST/OFFICIAL RULES: For names of Finalist Round Prize winners or a copy of these Official Rules, send a Self-Addressed Stamped Envelope to “WORLD DOG EXPO Fancaster® Challenge” at Sponsor’s address below. Be sure to specify “Rules” or “Winners” on request. All requests must be received by January 31, 2018 to be honored.
SPONSOR: This Contest is sponsored by Fancaster, Inc., P.O. Box 3153, Fort Lee, NJ 07024. THIS IS NOT A CHANCE-BASED PROMOTION AS WINNERS WILL BE DETERMINED BY MEANS OF POPULAR VOTE.