2017 ‘They Ate WHAT?!’ Radiograph Contest Rules

The rules for the 2017 X-ray contest.

THEY ATE WHAT? RADIOGRAPH CONTEST

OFFICIAL RULES

No Purchase Is Necessary To Enter And Will Not Increase Your Odds Of Winning.

Sponsor: The “They Ate What? Radiograph Contest” (“Contest”) is sponsored by Kenilworth Media, LLC, 15 Wertheim Court, Suite 710, Richmond Hill, ON L4B 3H7 Canada (“Sponsor”).  IDEXX Laboratories Inc. (“Idexx”) is providing the prizes to be awarded in the Contest.

Contest Entry Period: The Contest starts at 12:00:01 AM Eastern Time (“ET”) on May 27, 2017, and ends at 11:59:59 PM ET on August 18, 2017, (“Contest Entry Period”).

Eligibility:  Contest open only to individuals who are licensed veterinary professionals who are legal residents of the 50 United States or the District of Columbia 18 years of age or older at time of entry. Employees of Sponsor, Idexx (“Promotion Entities”), and their respective officers, and directors and members of their immediate families (spouse, parents, siblings and children) or households are not eligible to participate. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

How to enter:  During the Contest Entry Period submit your most interesting case about what an animal ate (“Theme”) and any available evidence by radiography and/or photos (“Photos”) using the online submission form found at www.VeterinaryPracticeNews.com/xraycontest and include your name, clinic name and address, your phone number and a short explanation of the case including the outcome and if available images of the patient and the recovered item. The Photos and other materials and information submitted are collectively referred to as an “Entry(ies)” and the individual(s) submitting an Entry is the “Entrant(s)”. Only one Entry may be submitted per individual or clinic. In the event of any dispute regarding any Entry, or element thereof, Sponsor reserves the right to disqualify that Entry or Entrant from the Contest. Receipt of Entries will not be acknowledged or returned.

Requirements of Entries:  Your Entries must meet the following requirements and by entering you represent and warrant and agree that:

  • The Entry you submit was created by you or you have received prior permission from (i) any individual and/or the clinic involved in the creation of the Entry, including the Photos (“Third Party Participant”), (ii) the owner of the pet (if applicable), and you have the right to use the Entry, and all elements of the Entry (including the Photos), including the License contemplated for use of an Entry in accordance with these Official Rules;
  • The Entry does not contain any prominent use of third-party trademarks, trade names, brands or logos;
  • The Entry does not defame or otherwise violate the rights of any third party; and
  • The Entry cannot be offensive or contain any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or be explicitly racial, profane, slanderous or visually depict alcohol or gambling or be contrary to the interests of Contest or Sponsor, as determined in the sole discretion of the Sponsor.

Licensed Rights:  Entrants retain ownership of the Entries submitted in this Contest. However, by entering you grant Sponsor and any organizations affiliated with Sponsor, the perpetual, fully-paid, irrevocable, exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, and any elements thereof, in any manner, form, or format now or hereinafter created and for any purpose, including, but not limited to, advertising or promotion, including on VeterinaryPracticeNews.com, and social media platforms owned or managed by Sponsor, all without further consent from or payment to you, a Third Party Participant, the clinic named on the Entry, or any other entity or individual (“License”). The Entry may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Entry has no bearing on whether that Entry will be selected as a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entries you submit.

Selection of Winner:  All Entries submitted will be judged by editors and a panel of veterinary experts based on the following criteria: (1) relevancy to the Theme 40%; (2) appeal (20%); (3) originality (20%); (4) description and appearance (20%) (“Judging Criteria”). The Entry with the highest score will be the winner which will be determined on or about August 30, 2017. In the event of a tie, the tying Entries will be re-judged based on originality (100%). In the event of a further tie, the tying Entries will be re-judged based on all of the Judging Criteria again.

Winner Notification. The potential individual winner will be notified at the address provided at entry and will be required to contact Sponsor within 5 days to provide an address for the Sponsor to provide an affidavit of eligibility and liability/publicity release (“Release”), which must be executed and returned, and will be required to return an executed affidavit of eligibility and liability/publicity release (“Release”)] within seven (7) days of the date of winning notification. If the potential winner is a minor in the state in which s/he resides, the Release must be signed by that minor’s parent or legal guardian on the minor’s behalf. If a potential prize winner does not respond to the winner notification, which will be sent three (3) times over a five (5) day period, or if the Release is not returned on time or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the applicable prize and a runner-up will be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner’s name, name of clinic, prize won, town where clinic or winner is located and likeness for promotional purposes without further compensation.

Prize:  There will be 1 winner who will receive $500 and a one year’s subscription to Idexx’s WebPacs, a Picture Archiving Communications System valued at $2,400. The total retail value of the prize is $2,900. The winner is responsible for all local, state and federal taxes and fees, if any, and an IRS form 1099 will be filed in the name of the winner as required by law. No substitution permitted, except in the sole discretion of the Sponsor. Prize will be awarded to the individual who submitted the Entry but is transferrable as instructed by the winner.

Conditions:  Entrants agree to these Official Rules and the decisions of the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Promotion Entities, as well as their respective employees, officers, directors and agents (“Released Parties”), from any and all actions, causes of action, suits, indirect or direct damages, including, consequential damages, incidental damages, punitive or exemplary damages, expenses, judgments, claims and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have, which in any way arises out of or results from Released Parties’ use of the Entry or Entrant’s entry, participation, acceptance and use or misuse of any prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize or in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; (iii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction impairs its ability to conduct the Contest), or to select the winners from among all eligible Entries received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. Any and all legal actions or claims arising in connection with the Contest must be brought in a court of competent jurisdiction within the United States and the terms, or any dispute, will be governed by the laws of the state of Delaware without giving effect to any choice of law or conflict of law rules, which could cause the application of the laws of any jurisdiction other than the State of Delaware. Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. BY PARTICIPATING, ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.

Winner’s list:  For the name of the winner (posted online and available within 30 days after the Contest ends), mail a self-addressed, stamped envelope to Kenilworth Media Inc, They Ate What? Radiograph Contest Winner’s List, 266 Elmwood Avenue #289, Buffalo, NY 14222 no later than 60 days after the Contest ends.

Privacy: All information submitted by you as part of this Contest will be treated in accordance with Sponsor’s Privacy Policy (accessible from http://www.kenilworth.com/privacy-policy/), except as otherwise described in these Official Rules and Contest materials. By participating in this Contest, you acknowledge and agree that all information and material, including any personal information provided in your Entry materials, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules shall govern.