IMPORTANT NOTICE — THIS IS A BINDING CONTRACT
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You hereby irrevocably grant to Dr. Elsey’s, as well as its respective licensees, successors and assigns (herein collectively called the“Licensed Parties”), the worldwide, fully-paid, royalty-free, sub-licensable right during the “License Term” (as defined below) to use, publish, broadcast, post online and copyright (i) Your name, picture, portrait and likeness ( “Name and/or Likeness”) as such Name and/or Likeness appears in or in connection with the User Generated Content and (ii) the User Generated Content in and in connection with advertising, marketing and promoting Dr. Elsey’s, its products and services, or its sponsored events, in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised throughout the universe. You understand and acknowledge that Dr. Elsey’s may modify the User Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such User Generated Content.
No advertisement, promotional media or other material in any media containing Your Name and/or Likeness related to the User Generated Content need be submitted to You for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to You for any distortion or illusionary effect resulting from the publication of Your Name and/or Likeness.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by You. Dr. Elsey’s use of the User Generated Content or Your Name and/or Likeness does not imply any endorsement of or any affiliation with You.
YOUR REPRESENTATIONS OF OWNERSHIP
You acknowledge and agree that:
LIMITATION OF LIABILITY
INDEMNITY & RELEASE
If You are a California resident, you expressly waive California Civil Code §1542, which says: “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.”
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which You may otherwise have under any laws now existing or which become law in the future in any part of the world.
Dr. Elsey’s UGC Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The Dr. Elsey’s UGC Giveaway begins on May 14, 2020 at 12:01 AM ET and ends on May 28, 2020 at 11:59 PM ET. The sponsor of this contest is Dr. Elsey’s. By participating in the Giveaway, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at during the Promotion Period: firstname.lastname@example.org
2. ELIGIBILITY: This Campaign is open only to those who submit content through the official Dr. Elsey’s UGC Submission Portal and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal U.S. citizens or permanent legal residents (green card) residing in the lower 48 states, and is void where prohibited by law. Employees of Dr. Elsey’s, its affiliates, subsidiaries, advertising and promotion agencies and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses. The Campaign is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
3. AGREEMENT TO RULES: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Dr. Elsey’s as final and binding as it relates to the content of this Campaign.
4. CAMPAIGN PERIOD: Entries will be accepted online starting on May 14, 2020 at 12:01 AM ET and ends on May 28, 2020 at 11:59 PM ET. All entries must be received by May 28, 2020 before 11:59 PM ET.
5. HOW TO ENTER: The Campaign must be entered by submitting photos and/or videos of the entrants cat(s). Only one piece of content is required to officially “enter”. Entrant must acknowledge and accept all terms and conditions of submitting their content upon submission. By entering, you acknowledge and agree that:
The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Dr. Elsey’s.
6. PRIZES: One (1) winner will receive two (2) 40 lb bags of Dr. Elsey’s Ultra Litter (approximate retail value or “ARV”: $37.98) in the form of mailed package to a legal U.S. address. Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winners. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions and limitations may apply. Sponsor will not replace any lost or stolen prize items. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state and/or local taxes, shall be the sole responsibility of Winners. Acceptance of prize constitutes permission for Dr. Elsey’s to use Winners’ name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. ODDS: The odds of winning depend on the number of eligible entries received.
8. WINNER SELECTION & NOTIFICATION: One (1) winner will be selected by a random drawing under the supervision of Dr. Elsey’s. Winners will be notified by Email within five (5) days following selection of Winner. Dr. Elsey’s shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Potential Winner must accept prize via Email and provide a legal U.S. address in the lower 48 states as directed by Sponsor within 5 days of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Email accounts, technical difficulties associated therewith, or Winner’s failure to adequately monitor any Email account. Receipt by Winners of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state and local laws and regulations. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release. No substitution or transfer of a prize is permitted except by Sponsor. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT DR ELSEY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. RIGHTS GRANTED BY YOU: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Dr. Elsey’s, anyone acting on behalf of Dr. Elsey’s, and Dr. Elsey’s licensees, successors and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign and biographical information for news, publicity, information, trade, advertising, public relations and promotional purposes without any further compensation, notice, review or consent.
10. TERMS & CONDITIONS: Dr. Elsey’s reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud or other cause beyond Dr. Elsey’s control, corrupt or affect the administration, security, fairness or proper conduct of the Campaign. In such case, Dr. Elsey’s may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Dr. Elsey’s. Dr. Elsey’s reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Dr. Elsey’s has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Dr. Elsey’s reserves the right to seek damages to the fullest extent permitted by law.
11. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
12. DISPUTES: THIS Campaign IS GOVERNED BY THE LAWS OF The United States of America AND The State of COLORADO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in The State of Colorado having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
14. WINNERS LIST: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:
cc: Dr. Elsey’s UGC Giveaway
1600 W. Dartmouth Ave.
Englewood, CO 80110
15. SOCIAL NETWORK DISCLAIMER: This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to the Sponsor and not to Facebook or Instagram.
1600 W. Dartmouth Ave.
Englewood, CO 80110