The CW Television Network
“World Dog Awards #barkbios Promotion”
How To Participate:
To have a story, photo or video considered for use in connection with the World Dog Awards #barkbios Promotion (“Promotion”) participants must follow these steps:
- Read all of the instructions, guidelines and conditions below.
- It is recommended you follow The CW Network on Twitter (https://twitter.com/cw_network), Facebook (https://www.facebook.com/TheCW), Instagram (http://instagram.com/thecw/), Tumblr (http://blog.cwtv.com/) or Vine (https://vine.co/CW_network). This will make it easier for us to get in touch with you regarding your submission if necessary.
- Create, upload and share your story of how your dog got its name via text, video, still photo and/or animation (“Submission”) on Twitter, Facebook, Instagram, Vine or Tumblr. You must include the tag #barkbios in your post or we cannot use it. The post, and your social media account must be set for public viewing.
Important Terms and Conditions:
By tagging your publicly shared Submission with #barkbios you are indicating your consent to the following guidelines and grants of license:
- This is not a contest or sweepstakes. There will be no prize awarded.
- By submitting your Submission, participant grants The CW Network, LLC, Juma Entertainment, IAMS® and each of their successors, assigns and licensees, and sponsors (collectively, “Producers”), a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the text, story, video footage, photo or animation, and/or other elements of the Submission with or without modifications, in any form or medium whether now existing or later developed.
- Participant understands and agrees that Participant shares their Submission at their sole risk and is therefore responsible for any claims arising from the submission, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the terms of service of any third-party social media service or application.
- Participant hereby grants permission for the use of their publicly viewable social media account name (or nickname) to be used in reference to the Submission and to be posted on the CW Network website or other websites and social media platforms, including the IAMS® website and social media pages, for public view.
- The participant and all persons appearing in the Submission must be at least 18 years old or the age of majority in his/her jurisdiction of residence, as of date of creation of the submission.
- The participant must have approval from any persons appearing or referenced in the Submission and the participant must be able to provide express written consent of every such person appearing or referenced in the submission, if requested.
- Each submission:
- Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased;
- Must not include any personally identifiable information, such as an participant’s full name, address, email address or telephone number;
- Must not contain images or artwork, music or other materials not created by the participant;
- Must not contain any logos, brand names or trademarks;
- Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, libelous or otherwise objectionable;
- Must not contain content that promotes, suggests, or encourages illegal or harmful activity including, but not limited to, the use of firearms/weapons/ammunition, illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, gambling or the use of alcohol or tobacco products.
- Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the submission is created.
This is not a contest or sweepstakes. The CW Network LLC and its members, successors, assigns and licensees and contracted production companies and service providers are under no obligation to use the participant’s submission, nor are they obligated to provide any notification to the participant in regards to status of the submission, its qualification or use.
Selected Submission Experience:
A selected Participant’s Submission (and any element thereof) may, at the Producers’ sole discretion, appear in the broadcast of the World Dog Awards and affiliated programs and promotions thereof. Without limiting Producers’ rights herein, Producer may share Participant’s stories, photos, videos and or animations during the World Dog Awards and/or in connection with IAMS® and The CW Network website.
There is NO compensation of any kind as a result of participation in the World Dog Awards or any affiliated program, event or entity (including IAMS®). Any additional experience-related consideration conveyed, other than that specifically disclosed in these Terms and Conditions, will be conveyed at the sole discretion of the Producers.
Grant: How The Producers May Use Submissions As Disclosed Below:
Except where prohibited by law, by participating in the Promotion, each Participant grants the Producers the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness in any medium, statements, biographical information, and any information or material contained in his/her Submission (collectively, “Submitted Materials”) on a worldwide basis, in any manner and in all venues and forms of media, now known or hereafter devised, in perpetuity, without any form of payment or other compensation, review or approval, including, without limitation, in and in connection with the World Dog Awards, on Producers’ websites and any of Producers’ advertising and promotion materials and/or broadcasts in any form. In addition, by participating, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without compensation, review or approval. In connection therewith, each Participant grants full permission and consent to the Producers to utilize any of the results of such photographing, filming, taping and/or interviewing in perpetuity, in any manner and in any and all media now known or hereafter devised and hereby releases the Producers from all liability related thereto.
Each Participant agrees that by submitting the Submitted Materials, he/she irrevocably and exclusively assigns all right, title and interest, without limitation, in and to the Submitted Materials to the Producers, including, without limitation, all trademarks, copyrights and all other proprietary and intellectual property rights contained therein.
Producers reserve the right to edit, adapt or otherwise revise and alter any Submitted Materials. Each Participant hereby waives any moral rights or so-called droit moral in and to his/her Submitted Materials, and each Participant hereby releases each of the Producers from any liability or cause of action related to editing, adapting or otherwise revising and altering any Submitted Materials.
Participants agree that the Producers are not obligated to broadcast or otherwise use or exploit any Submitted Materials or any part thereof. By submitting the Submitted Materials, each Participant agrees to execute any documents or take any further action required by the Producers to effectuate the intention of the grants in these Terms and Conditions and any other agreements made by each Participant.
The Producers may require an additional separate written agreement with a Participant at their sole discretion.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
THE PRODUCERS MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PROMOTION OR EXPERIENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY EXPERIENCE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PRODUCERS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
EACH PARTICIPANT AND EACH OF HIS OR HER AGENTS, ASSIGNEES, EXECUTORS AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF THE PRODUCERS FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, INCLUDING, WITHOUT LIMITATION, PERSONAL EMBARRASSMENT, PUBLIC RIDICULE, LOSS OF PRIVACY, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF PARTICIPATION IN THE PROMOTION. IF ANY OF THESE TERMS AND CONDITIONS ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE PRODUCERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO PARTICIPATING IN THE ANTM VOTE AND AGREEING TO THESE TERMS AND CONDITIONS, A PARTICIPANT WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME A PARTICIPANT AGREED TO THESE TERMS AND CONDITIONS, AND WHICH IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED A PARTICIPANT’S DECISION TO AGREE TO THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THE ANTM VOTE, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF THESE TERMS AND CONDITIONS, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, EACH PARTICIPANT ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Each Participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Lost or Corrupted Entries. The Producers, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Producers, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction.
Damaged Property & Errors . Producers, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Promotion or downloading materials from this Promotion.
Promotion. The Producers, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any related advertising, marketing or promotions of the Promotion; and/or (c) in these Terms and Conditions. In the event of any ambiguity(s) or error(s) in these Terms and Conditions, Producers reserve the right to modify them for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Promotion.
Limitation of Liability. IN NO EVENT WILL THE PRODUCERS, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION, INCLUDING WITHOUT LIMITATION PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. SOME JURISDICTIONS 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.
The Producers are not responsible and/or liable for any of the following, whether caused by the Producers, the Participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Submitted Materials, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable mobile telephone/wireless connection or failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software including, but not limited to, inability of a Participant’s computer to interface with the provided Submissions mechanism; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications.
Each Participant agrees not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. Any person who supplies false information, submits Submitted Materials by fraudulent means or is otherwise determined to be in violation of these Terms and Conditions may forfeit any experiences provided herein and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ANTM VOTE VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, NETWORK AND/OR THE PRODUCERS MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND NETWORK MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Producer’s failure to enforce any provision in these Terms and Conditions will not constitute a waiver of that or any other provision.
Except where prohibited, as a condition of participating in this Promotion, each Participant agrees that any and all disputes that cannot be resolved between the Participant and any Administrative Party, claims and causes of action arising out of or connected with this Promotion or any experience-related consideration awarded shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and Participant further waives all rights to have damages multiplied or increased.
All claims brought by a Participant must be brought in the courts of the state of California, and the Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.