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Wagster Treats Facebook Holiday Promotion Official Rules

  1. Eligibility. This sweepstakes (“Promotion”) is administered by Kiosk Creative LLC, with a principal office located at 750 Grant Avenue, #200, Novato, California 94945 (“Kiosk”) for Wagster Treats, a trademark of Homeward Bound of Marin (“Homeward Bound”, the “Promotion Sponsor”), with a principal office located at 1385 N. Hamilton Parkway, Novato, California 94949 and is offered only in the state of California to: (i) LEGAL UNITED STATES RESIDENTS at least 18 years of age at date of entry; (ii) who are residents of California prior to the start of this Promotion; and (iii) have valid Facebook account prior to the start of this Promotion. Employees, directors, independent contractors and board members of Homeward Bound and employees, members and independent contractors of Kiosk, and their subsidiaries, affiliates, advertising, promotion, and fulfillment agencies, and immediate families (spouse, mother, faster, sister, brother, daughter or son, regardless of where they live) or members of their same households (whether related or not) of such employees, directors, independent contractors, members and board members are not eligible. By entering, you agree to these official rules (“Official Rules”) and the decisions of Kiosk, which are final and binding in all respects. NO PURCHASE IS NECESSARY TO ENTER OR WIN PRIZE. THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW.
  2. Promotional Period. Promotional period begins on Friday December 7, 2018 at 12:01am PST, and ends on Sunday December 20, 2018 at 12:00am (“Promotional Period”). At the end of the Promotional Period there will be a prize drawing for a Prize (as defined below in Section 5). Kiosk’s computer is the official time keeping device for each Kiosk Promotion. Kiosk reserves the right to terminate the Promotion by providing advance notice, deemed appropriate by Kiosk. Should the Promotion be terminated as described above, the Prize will nevertheless be awarded as stated below.
  3. Entry. Entrants may enter this Promotion in one of the following ways during the Promotion Period: (i) Commenting with a picture of your dog(s) on Wagster Treats Facebook post located at: https://www.facebook.com/WagsterTreats/ and sharing the post, or (ii) Filling out and submitting a contact form, available at https://wagsterdogtreats.com/pages/contact and including “December 2018 Facebook Holiday Promotion” in the message. EACH PERSON MAY SUBMIT ONLY ONE ENTRY TO THE PROMOTION VIA EITHER OF THE PRECEDING METHODS OF ENTRY. Anyone found to use multiple accounts for entry via Facebook will be disqualified and ineligible to win the Prize. There is a minimum of 1 and no maximum number of Promotion entrants required to determine the Promotion winner. By entering the Promotion and claiming a Prize, you agree to abide by and be bound by these Official Rules and any decision Kiosk or its affiliates, promotional partners, and / or designees makes regarding matters relating to the Promotion. All decisions rendered by Kiosk or its affiliates, Promotion administrators, Promotion sponsors, promotional partners, and / or designees shall be final and binding in all respects. Kiosk reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or website; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Kiosk will prosecute any fraudulent activities to the fullest extent of the law. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK.
  4. Drawing. Prize winner(s) will be selected by Kiosk and affiliate Promotion sponsors based on a random drawing from all eligible entries received. Entries for any current Promotion will not be carried forward to any subsequent drawing unless otherwise noted. Winners of any drawing will be notified by email, or via Facebook and Facebook Messenger within approximately 2 days of the drawing. Drawing(s) for the Prize will take place on or about December 21, 2018. Drawings will be conducted under the supervision of Kiosk or Kiosk’s affiliates or Promotion Sponsor(s).
  5. Prize / Odds. There will be two Prizes awarded for the entire Promotional Period: each Prize is a holiday-themed stocking containing dog toys and dog treats- with a minimum value of $75.00. Odds of winning in any drawing depend on the number of eligible entries received for that drawing. No assignment, transfer or substitution of Prize is permitted. Kiosk and its affiliates and promotional partners reserve the right to substitute a prize of equal or greater value in the event the Prize is unavailable and also reserve the right to award the Prize to another entrant(s) if the winning entrant(s) cannot be reached and does not respond within ten (10) days of being notified. The Prize is not redeemable for cash or retail vouchers and is limited to one per household. The Prize must be redeemed by the winner by January 31, 2019 or will be forfeited.
  6. Winner’s List. To obtain a list of winner(s)’s names, send an email message to woof@wagstertreats.com and type “Wagster Treats Holiday Promotion Sweepstakes Winner” in the subject line. Such requests must be received within 6 months of the end of the Promotional Period.
  7. Taxes / Shipping. All taxes associated with the receipt or use of the prizes are the sole responsibility of winner who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Kiosk reserves the right to withhold any taxes as required by applicable law. Promotion winner may be required to complete a W-9 form for tax purposes. The winning entrants will be required to supply Social Security numbers or other taxpayer identification numbers as a condition precedent and prior to the award of any prize. Prizes will not be shipped to addresses outside of the United States. The Prize winner may, at his or her sole discretion, elect to collect the Prize from Novato, CA rather than provide an address for shipping. For Prizes that are redeemed in person, the Prize winner will assume all costs of meeting Kiosk or the Promotional Sponsor (including travel, meals and lodging) for purposes of collecting the Prize.
  8. General Conditions.
    a. Winners must execute and return a signed Affidavit of Eligibility and Liability / Publicity Release along with a IRS Form W-9 (W-9 required for prizes over $600 in value) within ten (10) days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, may result in disqualification with an alternate winner selected. In the event that a potential winner is disqualified for any reason, there will be a second chance drawing where up to one (1) alternate winner may be randomly selected from among all remaining eligible entries. If all potential winners are disqualified for any prize, no further drawings will take place and that prize will not be awarded.
    b. WHERE PERMITTED BY LAW, YOU hereby irrevocably grant to Kiosk, THE PROMOTIONAL SPONSOR, and those acting with their authority, the unrestricted, absolute, perpetual, worldwide right and license to use YOUR name, address, photograph, likeness, image submission, pet image, voice, biographical and personal background information, statements, and Promotion entry, and without limitation, any notes, photograph, film, or video or audio tape that may be taken of YOU or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to YOU or to any third party, and to reproduce, copy, modify, creative derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any KIOSK or SPONSOR (or its designee)’s advertising, promotion, publicity, trade, sweepstakes, contests, or other Promotion, activities, or materials.
    c. You hereby represent and warrant that you have and will continue to have all rights and licenses necessary to grant, unencumbered, the rights and licenses granted in Section 8 (b) of these Official Rules. Where permitted by law, failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Kiosk may, in its sole discretion, bear such reasonable costs and expenses which Kiosk, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.
    d. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entry forms submitted by multiple persons having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
  9. Limitations of Liability.
    a. Kiosk is not responsible for any incorrect or inaccurate information, whether caused by website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website.
    b. Kiosk is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Kiosk, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Kiosk reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion as necessary and will continue to ensure that the Prize(s) is awarded pursuant to the terms of these Official Rules.
    c. IN NO EVENT WILL HOMEWARD BOUND OR KIOSK, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF KIOSK’S OR THE WAGSTER TREATS WEBSITE LOCATED AT WWW.WAGSTERTREATS.COM AND WWW.WAGSTERDOGTREATS.COM, PARTICIPATION IN THE PROMOTION, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICITONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  10. Release. BY ENTERING INTO THE PROMOTION, YOU AND YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH YOU, HEREBY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS KIOSK AND ALL OF THEIR SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, PROMOTIONAL SPONSORS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND ADVISORS (COLLECTIVELY, “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER WHICH YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING BUT NOT LIMITED TO ANY DEATH, PERSONAL INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, PRIVACY RIGHTS, PERSONALITY RIGHTS, “MORAL RIGHTS”, OR DEFAMATION, AND ANY AND ALL TAXES LEVIED, ASSESSED OR COLLECTED, WHETHER CAUSED BY, CONTRIBUTED TO, ARISING OUT OF, OR OTHERWISE RELATED TO THE PROMOTION, THE PRIZE, OR YOUR PARTICIPATION, POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR YOUR OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TRAVEL AND HEALTH INSURANCE MATTERS FOR ALL PRIZES.
  11. SECTION 1542. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that you may have with respect to the foregoing release are hereby expressly and forever waived. You understand that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  12. Severance. If any provision of these Official Rules is found to be unenforceable in any respect by a court of law, it shall be severed from the rest of the Official Rules and the remaining provisions shall nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
  13. Jurisdiction / Disputes. As a condition of participating in this Promotion, you acknowledge and agree that the Promotion, the Kiosk Affidavit/Release, and the parties’ respective rights and obligations in connection herewith, will be governed and construed under the laws of the State of California, without application of its conflict of laws principles. Any controversy or claim arising out of or relating to these Official Rules or Affidavit/Release or their enforcement, arbitrability or interpretation, shall be submitted to final and binding arbitration, to be held in San Francisco, California, before a single arbitrator, in accordance with California Code of Civil Procedure ss.1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing; provided, however, that each side shall bear its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time.
  14. Questions. All questions regarding this Promotion should be directed by email to woof@wagstertreats.com