Photo Contest - Rules

BOSLEY’S SUPER PET PHOTO CONTEST 2010 CONTEST

THE BOSLEY’S SUPER PET PHOTO CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF BRITISH COLUMBIA OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. ELIGIBILITY.
To be eligible for this Contest, an individual must be a legal resident of British Columbia; be of the age of majority in his/her province or territory of residence or older at the time of entry; and be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below).

Employees of Bosley’s Pet Food Plus and The Province, a division of Postmedia Network Inc., collectively (the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.

The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST ENTRY PERIOD.
The Contest begins at 12:00pm. Pacific Daylight Time (PDT) on October 29, 2010 and ends at 5:00 p.m. PDT on January 7, 2011 (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.

3. HOW TO ENTER.

a. There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.

i. To enter online, complete and submit the online entry form located at www.bosleys.com (the “Contest Website”);

ii. To enter in person: Provide a photo with your contact information on a separate piece of paper (full legal name, address, phone number and email address) and drop off at our Corporate head office during business hours (Monday to Friday from 8:30am to 4:30pm). Our office is located at #140-6751 Westminster Hwy, Richmond, BC

iii. To enter by mail: Provide a photo with your contact information on a separate piece of paper (full legal name, address, phone number and email address) and mail to Bosley’s Super Pet Photo Contest #140 – 6751 Westminster Hwy, Richmond, BC V7C 4V4. Entry must be postmarked no later than the weekly deadline dates of Nov 5, Nov 12, 19, 26, Dec 3, 10, 17, 24, 31, 2010 and Jan 7, 2011 to be considered for the weekly and grand prizes. 

The Photograph:

• must be recent and closely resemble the pet at the end of the Contest Period
• must be full-colour and high resolution
• cannot have been altered or enhanced
• can only include the image of the pet
• Photographs must be between 4”x 5” and 8 1/2 ” x 11”
• Photographs must be printed on photographic paper or saved in jpeg format on to a CD and accompanied by a photocopy of the image in the CD.

b. By participating in this Contest, entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.

c. Limit of one (1) entry per pet per household for the entire contest period.

d. Pet must be in natural form (no costumes) and must still be living.

e. No exotic pets allowed (including, but not limited to: Venomous invertebrates, amphibians and reptiles; Non-venomous invertebrates and amphibians; Small/non-venomous reptiles (such as bearded dragons, chameleons, geckos, small snakes); Large Parrots, Macaws, Cockatoos; Raptors (eagles, hawks, owls); Turtles and tortoises; Boas >2ft adult size; Crocodilia (such as alligators, crocodiles and gavials); Lagamorphs (rabbits and hares, except the domesticated rabbit); Rodentia (except domesticated species, such as mouse, rat, hamster, guinea pig); Eranicids (tenrecs except hedgehogs)).

f. All entries, including the Work, become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the weekly deadline to be considered for the weekly and the grand prizes. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.

g. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.

5. PRIZES.

a. Weekly prizes. There are ten (10) weekly prizes (each, “Weekly Prize”) available to be won by one (1) weekly prize winner (each, a “Weekly Prize Winner”) over the 10 week contest period and collectively, (the “Weekly Prize Winners”). Each of the weekly prizes consists of a gift basket with cat and dog products and has an approximate retail value of approximately two hundred dollars ($200 CDN). Each basket consists of the following items:

b. Grand prizes. There is one (1) grand prize (each, “Grand Prize”) available to be won by the grand Prize Winner. The Grand Prize consists of a five hundred dollar ($500 CDN) Bosley’s gift card and Performatrin Ultra dog or cat food valued at approximately five hundred dollars ($500 CDN). The total grand prize value is approximately one thousand dollars ($1,000 CDN).

c. Weekly Prizes and the Grand Prize are hereafter collectively referred to as “Prize” or “Prizes”. Weekly Prize Winners and Grand Prize Winner are hereafter collectively referred to as a “Winner” or “Winners”.

d. Winner may claim his/her Prize in Richmond, British Columbia after the Winner has been notified by phone or email. All Prizes must be claimed and picked up no later than January 30, 2011 or will be forfeited. If Winner does not claim his/her Prize by January 30, 2011, the Sponsors reserve the right to award the Prize (or its cash equivalent) to a charity of their choice.

e. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

6. WEEKLY AND GRAND WINNER(S) SELECTION.

a. Weekly and Grand Prize Winners shall be selected as follows:

b. Beginning November 9, 2010, the judges, at their absolute discretion, shall select one (1) weekly winner each week during the Contest Period. Weekly winner selection is Nov 9, 16, 23, 30, Dec 7, 14, 21, 28, Jan 4, 10. Each entry will be rated from 1-10, with 10 being the highest score. Score will be determined according to the following criteria: uniqueness, personality, and originality. All decisions of the judges will be final and binding and may not be challenged in any way.

c. the Work of Finalists’ will be published on the Contest Website on January 15, 2011 and in The Province newspaper on January 14, 2011.

d. The odds of being selected as a potential winner are dependent upon the number of eligible entries or votes received by the Sponsors. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call, to comply with the Contest Rules and sign and return the Release (described below).

f. EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN 4:30 PM PDT ON THE NEXT BUSINESS DAY FOLLOWING SELECTION DATES AND MUST RESPOND WITHIN TEN (10) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification and the selected entrant’s response must be received by the Sponsors within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules or the selected entrant does not comply with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.

g. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.

7. RELEASE.
Each Winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.

8. INDEMNIFICATION BY ENTRANT.
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

9. RIGHTS CLEARANCE.
By providing the Work to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors, and their affiliated, related and associated entities, contractors and partners (whether affiliated or not) and each of their assigns and successors, a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit his/her Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Work do not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.

10. LIMITATION OF LIABILITY.
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website 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 administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website, and/or canada.com.

11. CONDUCT.
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at Bosley’s Pet Food Plus corporate head office located at  #140-6751 Westminster Highway, Richmond, BC during regular business hours throughout the Contest Period. Entrant further agrees to be bound by the decisions of judges and Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest the Contest Website, or any bosleys.com website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

12. PRIVACY / USE OF PERSONAL INFORMATION.

a. By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.

b. By opting-in online or on the ballot you consent to Bosley’s Pet Food Plus’ disclosure of your Personal Information to The Province Newspaper a division of Postmedia Network Ltd. so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.

c. By opting-in online or on the ballot you consent to Bosley’s Pet Food Plus and any of its corporate affiliate’s use of your Personal Information to contact you to promote contests, subscriber opportunities to subscribe to The Bosley’s VIP Program or to notify you about related products or services.

d. The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Bosley’s Pet Food Plus privacy Policy at: www.bosleys.com.

13. INTELLECTUAL PROPERTY.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. Bosley’s Pet Food Plus are trade-marks of Bosley’s Pet Food Plus. used under licence.

14. TERMINATION.
Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

15. LAW.
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

16. LANGUAGE DISCREPANCY.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.