2021 HALLOWEEN PET COSTUME CONTEST OFFICIAL RULES
THE PET COLLECTIVE’S 2021 HALLOWEEN PET COSTUME CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
GENERAL DESCRIPTION: Jukin Media, Inc. (“Sponsor”) is the sponsor of The Pet Collective’s 2021 Halloween Pet Costume Contest (“Contest”) and is the owner of “The Pet Collective” (“The Pet Collective” or “TPC”), a television and digital programming brand featuring user-generated content (“UGC”). Sponsor is seeking submissions by members of the public of their pre-existing UGC showing funny and/or unique pet costumes for possible inclusion in Sponsor’s programming or a chance to be featured on Sponsor’s owned or operated websites. Any submissions to the Contest are governed by these official rules (“Contest Rules”) and may be used, licensed, and/or distributed in Sponsor’s sole discretion for any and all uses.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITES AND OTHER INTERNET CHANNELS, USED IN SPONSOR’S PROGRAMMING, LICENSED/ASSIGNED TO OTHERS, OR USED AS OTHERWISE PROVIDED BY SPONSOR, IN SPONSOR’S SOLE DISCRETION, REGARDLESS OF ENTRANT’S ELIGIBILITY FOR THE CONTEST OR THE CONTEST PRIZE. ENTRANT AGREES THAT, IN THE EVENT OF AN INELIGIBLE ENTRY, THE OPPORTUNITY FOR THE VIDEO TO RECEIVE PUBLICITY IS THE SOLE AND SUFFICIENT CONSIDERATION DUE TO ENTRANT AND THAT THE LICENSE GRANTED BY ENTRANT HEREIN SHALL BE AND REMAIN VALID AND IRREVOCABLE.
- SPONSOR: Jukin Media, Inc., with an address of 5764 W. Jefferson Blvd., Los Angeles, CA 91006, United States (the “Sponsor”).
- ELIGIBILITY: The Contest is only open to individuals who are (i) legal residents of the United States and the District of Columbia, excluding all other U.S. territories, (ii) eighteen (18) years of age or the age of majority in their state of residence or older at the time of entry, and (iii) located in the United States or the District of Columbia, all at the time of entry. Employees, contractors, directors and officers of Sponsor and its parent, affiliates, subsidiaries, and advertising and promotion agencies and all other service agencies involved with the Contest (the “Promotional Parties”), and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of each such employee are not eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where restricted or prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein. The individual submitting the entry will be considered the "Entrant" and will be the only individual eligible to compete for the prize. An ineligible entry may still be featured or otherwise displayed, but such submissions are disqualified from the Contest and the Contest Prize (defined in Paragraph 9 below). Entries may be deemed ineligible at any phase of the Contest without notification. There are no restrictions on the number of entries per person, unless noted otherwise.
- CONTEST PERIOD AND DESCRIPTION: Contest begins at 12:00:00 a.m. Pacific Standard Time (“PST”) on October 18, 2021 and ends at 11:59:59 p.m. PST on October 31, 2021 (the “Contest Period”).
The Contest Period is as follows:
- A "Submission Period" beginning at 12:00:00 a.m. Pacific Standard Time (“PST”) on 10/18/2021 and ends at 08:59:59 p.m. PST on 10/29/2021 (the "Submission Period");
- A "Judging Period" taking place from 09:00:00 p.m. PST on 10/29/2021 through 11:59:59 p.m. on 10/30/2021; and
- A "Winner Selection Period" taking place on 10/31/2021.
The Contest provides eligible entrants with the opportunity to upload a video (the "Submission" or “Entry”) during the Submission Period. Submissions may be entered into one (1) of the following three (3) categories: 1) Scariest Costume; 2) Funniest Costume; and 3) Cutest Costume (each, a "Category" and collectively, "Categories"). Eligible Submissions will be reviewed by a panel of judges selected by Sponsor during the Judging Period to select three (3) Winners in total, with one (1) Winner per Category, as more fully set forth below.
All entries must be received by Sponsor on or before the applicable deadline date to be eligible for inclusion in the Submission Period. Deadline dates are subject to change at Sponsor’s sole discretion. Sponsor is the official timekeeper for this Contest.
- HOW TO ENTER: During the Contest Period, Entrant must submit a video to Sponsor through Sponsor's website here (the “Contest Submission Site”).
Each video submission is considered one (1) entry into the Contest. Entrants may be required to agree to additional terms and conditions when submitting a video on Sponsor's websites, which will be incorporated herein by reference and subject to change.
Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right, in its sole discretion to cancel or suspend this Contest should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Contest. Entrants may not enter with multiple names, addresses or identities nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple names under multiple identities or email addresses will be disqualified from prize consideration and forfeits any and all prizes won, in Sponsor’s discretion. Should multiple users of the same email address to enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” of the email address is defined as the natural person who is assigned the email address by the internet service provider, or other organization which is responsible for assigning such accounts. Automated entries are prohibited, and any use of automated devices will cause disqualification from prize consideration. Sponsor reserves the right at its sole discretion, to disqualify from prize consideration any individual (and all of his or her entries) who tampers with the entry process. Entrants who do not follow all of the instructions or abide by these Contest Rules or other instructions of Sponsor may be disqualified from prize consideration. By participating, Entrants agree to be bound by these Contest Rules, the Submission Terms and Conditions of the Contest Submission Site and by the decisions of the Sponsor and judges, which shall be final and binding in all respects. Entrant agrees to complete all additional forms required by Sponsor and must be able to grant to Sponsor all rights set forth in such forms, including without limitation, a video license, consent forms and/or other releases as required by Sponsor (collectively, the “Releases”). For the sake of clarity, Sponsor’s requirement related to completion of Releases is not intended to, and does not, alter the Licensed Rights that are granted to Sponsor upon the Entrant’s agreement to the Sponsor’s online Terms of Submission. All Submissions become the property of Sponsor and will not be acknowledged or returned.
- SUBMISSION REQUIREMENTS: Each Submission that is submitted into the Contest must meet the following "Submission Requirements." By submitting an entry, Entrant hereby warrants and represents that the Submission conforms to the Submission Requirements set forth herein (any Submission that in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
- Submission must not contain or depict material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g. relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation, or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory reference to any Contest Sponsors;
- Submission must be entirely original to the entrant and must not include, mention or depict any copyrighted material (including but not limited to music, films, books, television programming) and must not infringe on any third-party trademarks (including, but not limited to brand names, product names, logos, insignia, location signage, photographs, artwork, etc.);
- Submission must not have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Sponsor's sole discretion;
- Submission must not include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights;
- Submission must comply with the Website's Terms of Service;
- Submission must not include third parties/people, who have not expressly authorized entrant to feature their image, name, likeness, or personal information in the Submission or otherwise use such image, name, likeness, or personal information in accordance with these Official Rules. Entrant must provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons featured in the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission).
- Submission must not demonstrate cruelty towards animals.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its sole discretion. Sponsor reserves the right, in its sole discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content that fails to comply with the Contest submission requirements prior to any judging or voting period.
By submitting an entry, you agree that your submission is gratuitous and made without restriction, will not place Sponsor under any obligation, and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to using them in accordance with its rights. By entering, you acknowledge that Sponsor has no obligation to use or post any entry you submit.
- ENTRY TERMS/LICENSED RIGHTS: By submitting an entry, Entrant grants Sponsor the unlimited, irrevocable right and permission to use, record, copy, reproduce, adapt, modify, summarize, copyright, photograph, film, license, vend, rent, distribute, televise, publish, exhibit, disseminate, display, perform and otherwise exploit the Submission in any and all markets and media, by any and all methods or means, whether now known or hereafter devised (collectively, “use”), in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as Sponsor and/or is assignees in its sole discretion may determine (the “Licensed Rights”), including for the purpose of marketing, advertising, and promotion, regardless of Entrant's eligibility for the Contest. In addition, Entrant grants Jukin the right and permission to record, copy, reproduce, adapt, modify, summarize, copyright, photograph, film license, vend, rent, distribute, televise, publish, exhibit, disseminate, display, perform and otherwise exploit in any and all markets and media (collectively, “use”) Entrant and Entrant’s animal’s appearance, name, likeness, voice, documents, biographical data, performance in, and other media artifacts provided to Sponsor by Entrant or concerning Entrant or Entrant’s animal (collectively the “Materials”) in and in connection with the entry, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor may assign the Licensed Rights and any and all rights associated therewith in its sole discretion.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the submission does not contain any computer virus and is otherwise uncorrupted; (iii) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Entrant hereby agrees to indemnify, release and hold harmless Sponsor, its successors, licensees, sub-distributors and assigns, and the directors, officers, employees, representatives and agents of each of the foregoing, from any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of or resulting from (i) any breach by entrant of any warranty, representation or any other provision of these Contest Rules, including, without limitation, the representations and warranties made with respect to the entry, and/or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by Sponsor of the rights granted under this these Contest Rules. Entrant acknowledges that Sponsor is relying on the representations made by Entrant in accordance with these Contest Rules and a breach by entrant would cause Sponsor irrevocable injury and damage that cannot be adequately compensated by damages in an action at law and Entrant therefore expressly agrees that, without limiting Sponsor’s remedies, Sponsor shall be entitled to injunctive and other equitable relief.
- WINNER SELECTION AND NOTIFICATION: Sponsor shall select three (3) prize winners (each, a “Winner” and collectively, the "Winners") with one (1) Winner selected for each Category by a panel of judges selected by Sponsor, on or about October 31, 2021 (“Selection Date”) from among all eligible entries. The Winner per category will be selected based on the following judging criteria:
- Creativity (50%): Costumes that show personality and stand out from the rest.
- Costume Detail (30%): Costumes that took time and effort to execute.
- Execution (20%): The authenticity and accuracy of the details of the costume.
The judging of Submissions will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects relating to Winner selection. In the event of a tie, the tied Submission will be judged by an additional judge who will serve as a tiebreaker using the same criteria as outlined herein.
The Winners, as determined by the judging panel indicated above, will be notified via email to the contact information provided in the entry on or about five (5) business days after the Contest Period. Notification of the Winner shall be deemed to have occurred immediately upon sending of the notification by Sponsor. The only entries that will be considered eligible entries are entries received by Sponsor within the Contest Period. The odds of winning depend on the number of eligible entries received. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Contest Rules, the potential winner will be disqualified from prize consideration. In the event that a potential winner is disqualified from prize consideration for any reason, Sponsor reserves the right to award the prize to an alternate Entrant who will also be selected based upon the criteria set forth above, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. As a condition of entering, the Entrants agree (and agree to confirm in writing) on behalf of him/her and his/her heirs and executors to release and hold harmless the Promotional Parties and each of their respective employees, directors, officers, agents, and shareholders (collectively, the “Released Parties”) from any and all liability, loss, injury (including personal injury or death) or damage of any kind, arising from or in connection with participation in the Contest, or incurred with respect to the awarding, receipt, acceptance, possession, and/or use or misuse of any prize or any item redeemed therewith. By submitting an entry, the Winner grants (and agrees to confirm such grant in writing) to Sponsor the right to use and publish the Winner’s name, address (city and state of residence), and/or likeness for advertising and promotional purposes in commerce and in any and all media now known or hereafter devised, worldwide in perpetuity, without limitation or notice, and without additional compensation, notification or permission, unless prohibited by law.
- CONTEST PRIZES: The Winner’s Submission from each category below will be featured on The Pet Collective!
- Scariest Costume – 1 Winner
- Funniest Costume – 1 Winner
- Cutest Costume – 1 Winner
The opportunity for the Submission to receive publicity and/or possible inclusion in Sponsor’s programming is the sole and sufficient consideration due to Entrant. No substitution of Contest Prize is offered, except at the sole discretion of the Sponsor. Winner is solely responsible for any and all expenses and incidental costs not expressly stated in the Contest Prize description herein.
- OTHER CONDITIONS: Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Entry material that has been tampered with or altered is void. If for any reason, (including but not limited to tampering, unauthorized intervention, fraud, or any other cause), the administration, security, fairness, integrity, or proper conduct of the Contest is affected or corrupted or the Contest is not capable of being conducted as described in these Contest Rules for any other reason, as determined by Sponsor in its sole discretion, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and in such case, to select the potential Winner in a manner deemed fair and equitable by the Sponsor. All matters relating to the interpretation and application of these Contest Rules shall be decided by Sponsor in its sole discretion.
- LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, ENTRANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD THE SPONSOR, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRIZE SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ENTRANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE CONTEST OR ENTRANT'S PARTICIPATION IN THE CONTEST (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER PERSONAL OR PROPRIETARY RIGHT).
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE CONTEST RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY CONTEST PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: The Contest Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the “Binding Arbitration” Section of these Contest Rules and/or for entering any judgment on an arbitration award, shall take place in Los Angeles, California.
- WINNER LIST REQUEST: For the name of the prize winners, available after the Winners have been verified and Contest Prizes have been awarded, the Winner's list will be posted here. You may also request a winner's list by sending a self-addressed, stamped envelope to Sponsor, Attn: The Pet Collective’s 2021 Halloween Pet Costume Contest at 5764 W. Jefferson Blvd., Los Angeles, CA 91006.
**BY ENTERING THE CONTEST, YOU AGREE THAT YOU HAVE READ AND AGREE TO ALL OF THESE CONTEST RULES**