BARKBOX “BARK DREAMS BIG” GIVEAWAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access is required to enter.
ELIGIBILITY: BarkBox “Bark Dreams Big” Giveaway ("Sweepstakes" or “Promotion”) is open in the 50 United States, including the District of Columbia (“U.S.”) only to individuals who at time of entry currently physically reside in the U.S. and who are at least 18 at time of entry (eligible “entrants”). Employees, officers and directors of Barkbox, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals/entities involved in the administration, implementation and/or execution of the Promotion (collectively “Promotion Entities”), and the immediate family members (spouses and parents, children and siblings and their spouses/partners, including foster and step relations regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter. Void where prohibited or restricted by law, rule or regulation.
PROMOTION PERIOD: The Promotion begins on or about 12:00 AM Eastern Time (“ET”) on April 30, 2018 and ends at 11:59 PM ET on May 4, 2018 (“Promotion Period”). All time referenced herein is Eastern Time. Sponsor’s server’s clock for the Website is the official time keeping device for the Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Promotion, and the decisions of the Sponsor (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof arising at any time.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
HOW TO ENTER: There are two (2) ways to enter this Promotion, during the Promotion Period:
(i) To enter with new BarkBox subscription: Visit https://www.barkbox.com/nashville (the “Website”) and become a new BarkBox subscriber by completing the subscription process at the Website (“entry”); OR
(ii) To enter without a new BarkBox subscription: Legibly in ink, write your full name, dog’s name, complete U.S. address, email address, contact phone, age, and mail it in a U.S. sufficiently postage stamped envelope to: Bark Dreams Big Giveaway, Entry Request, 221 Canal Street, 2nd Fl. , New York, NY 10013 postmarked by May 5, 2018, for receipt by Sponsor on or before May 9, 2018 (“entry”). No copies. Limit one request per outer mailing envelope.
Once submitted, entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Limit one (1) entry per person, regardless of entry method used. The mail-in entry-method is available only to those who are not new BarkBox subscribers. The subscription entry-method is available only to new BarkBox subscribers (those who have never subscribed, or those whose subscription was cancelled or ended more than 1 month prior to the start of the Promotion).
Sponsor cannot guarantee the Promotion will be available via all mobile carriers. Entry via mobile device may be available on participating wireless carriers only. Data rates may apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion. Sponsor has the right to verify entries and/or entrants’ eligibility and compliance with these Official Rules, and on the basis of its investigation, to disqualify any entrant at any time during or after the Promotion Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself, or any of the Promotion Entities against fraudulent or invalid entries/prize claims, potential public scandal, ridicule, or disrepute in awarding the prize to any entrant or winner. Incomplete, invalid, illegal, unsuitable, or otherwise non-compliant entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an entrant/entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the entry as a whole (and entrant) may be disqualified. Proof that you uploaded or mailed an entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion. Entries submitted via any other entry method/portal than stated herein will not be accepted.
Entrants may not enter through a sweepstakes club (or similar method), bots, robotic, repetitive, duplicate, automatic, programmed or similar entry methods or agents, with multiple or false identities, e-mail and/or street addresses, nor shall entrants use any other device or artifice to enter or participate. Any entrant who is suspected of cheating, using fraudulent means, unauthorized entry methods, attempting to participate multiple times, with multiple email and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind will be disqualified. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the entry will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder, or otherwise eligible. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for, without limitation: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, postage due, ineligible or illegible entries (in whole or in part); computer/server, device, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entries or other information, or failure to capture any such information. Entrants and the entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or will be disqualified.
DRAWING/ODDS: Potential prize winner will be randomly selected by Sponsor, on or about May 10, 2018, from among all eligible entries received. Odds of winning a prize depend on the number of eligible entries received. Potential Grand Prize winner will be required to complete, sign, have witnessed and return an Affidavit of Eligibility, Liability, and where lawful, Publicity Release within three (3) days of notification, or else Grand Prize will be forfeited and an alternate potential Grand Prize winner selected from remaining eligible entries. Travel companion of Grand Prize winner must be 18 or older or have reached the legal age of majority in their jurisdiction of residence whichever is older, and will be required to execute a Release of Liability and Publicity prior to travel. Prize will be forfeited if Affidavit/Releases are not timely received according to the instructions and by the deadline provided in the notifications. In the event of noncompliance, if an entrant is or becomes noncompliant or ineligible during or after the Promotion Period, or if a potential winner declines the prize, or fails to respond to any prize notification or communication within the time specified, or cannot be reached on or within two (2) separate attempts using the contact information provided at time of entry (in Sponsor’s discretion), that prize will be forfeited in its entirety and an alternate potential winner will be selected for the applicable prize level.
PRIZE/APPROXIMATE RETAIL VALUES (“ARV”): Prize award is subject to verification of eligibility and compliance with these Official Rules.
Grand Prize (1): A 4 day/3 night trip to Nashville, Tennessee for Grand Prize winner, his or her companion, AND his or her dog. “Trip” consists of:
- ROUND-TRIP AIR TRANSPORTATION for you, your companion and your dog to the Music City — Nashville, Tennessee! ARV: $2750.
- FIVE STAR ACCOMMODATIONS (double room/standard accommodations, room and tax only) and dog-friendly eats all across town! ARV: $7000.
- ATTEND EXCLUSIVE CONCERTS with some of the best country music in the dog dang world! ARV: $1000. • PRIVATE PARTY ACCESS to rub elbows with some of the BIGGEST STARS in country music! Promotional Value Only.
- DOG-FRIENDLY ACTIVITIES from hiking to spa days! ARV: $2000.
- PRIZES & SWAG for human and dogs. ARV: $1500.
IMPORTANT NOTICE: Trip award is conditioned upon, among other things, Grand Prize winner taking his or her dog on the Trip. Dog must be winner’s own or winner can furnish owner’s written consent to take the dog on the Trip; in either case, winner will be solely responsible to determine the dog’s suitability for the trip and its safety, behaviour and well-being during the Trip, and assumes all responsibility and liability therefor, whether or not the dog is their own. The dog must be shown to be healthy, current on required shots and immunizations, physically and emotionally capable of safely engaging in any and all Trip activities and travel, and winner and dog must fulfill and/or abide by all conditions, requirements and limitations of Sponsor, the airline, and any other food, transportation, lodging, experiential activity suppliers/vendors. Winner (and dog owner if different) will be required to attest to the foregoing in the Affidavit or other release (if applicable), and agree to release Sponsor, other Promotion Entities, and Trip suppliers/vendors from any and all responsibility and liability with respect thereto. Sponsor reserves the right, without obligation, to require winner to furnish additional veterinary certification or other written documentary support if requested (as determined by Sponsor in its sole discretion). Dog may not be permitted to engage in various experiential activities, and must be emotionally capable of safely being apart from winner. If Sponsor (or its authorized representative) determines or suspects in its reasonable discretion that the dog is not suitable for the Trip for whatever reason, or if winner so determines, or if winner is unable, unwilling or refuses at any time for any reason whatsoever to take their dog on the Trip, Grand Prize will be forfeited (or returned if applicable) and awarded to an alternate Grand Prize winner, provided sufficient time exists to verify an alternate winner prior to the Trip. Total ARV of Grand Prize Trip: $14,250.
Trip Specifics: ARV of any trip package may vary depending on the point, date and time of departure. Prizes must be accepted as a whole, or will be forfeited in its entirety. All travel arrangements must be made through Sponsor, or other travel agent or entity selected by Sponsor. Trip anticipated to occur between June 7, 2018, and June 10, 2018. Winner will be responsible for all meals, ground transportation, additional excursions, gratuities, parking, beverages, telephone calls, baggage fees, gratuities and any other incidental costs or expenses not specifically stated as being included herein. All trip components are subject to availability. Air transportation voucher must be used in accordance with the terms and conditions of issuer and may contain other restrictions, conditions and expiry dates. Winner will be required to provide valid government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including pet, car, health, liability, trip and any other insurance). Winner acknowledges and agrees that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor or its designee. Promotion Entities are not responsible for any changes of any element of trip, nor are they liable for any expenses incurred as a consequence of flight or excursion changes, cancellation or delays. Sponsor will not replace any lost, damaged, destroyed, or stolen tickets, vouchers, debit/pre-paid cards, or certificates. Any excursions, experiential activities and events are subject to the terms and conditions of organizer, including rain check/cancellation policies and procedures. If any element of the prize is not capable of being awarded due to unavailability or inaccessibility or any other reason, that portion of the prize will not be awarded and the Grand Prize will wholly consist of all remaining elements. Talent is anticipated but not guaranteed to attend. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of a Trip package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not allinclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit/Release of Liability described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner. In the event winner, companion and/or dog engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is unsafe, obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that is intended to or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner, companion and dog home with no further compensation.
General Prize Conditions: Limit one (1) prize per person/household. The right to receive a prize, or any element thereof is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize or part thereof with a prize of equal or greater value. Prize must be accepted and taken as a whole or will be forfeited. Winner is solely responsible for all other costs and expenses not expressly set forth as being included herein. Prizes will be awarded provided sufficient eligible entries are received. Prize awards are subject to verification and compliance; prize will only be awarded to verified and confirmed winner. Only the number and description of prize(s) stated in these Official Rules is available to be won in the Promotion and any such prize award is subject to the prerequisites and limitations stated in connection therewith. In no event shall Promotion Entities be responsible for awarding more than the stated number of prizes. Prize, and any element thereof, including any products, gift cards, certificates or tickets received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. All applicable local, state, and federal taxes are solely the responsibility of the winner.
THE PROMOTION, PRIZES AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GENERAL: In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, declines the prize, or cannot be reached within two separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner will be randomly selected for the applicable prize, provided sufficient time exists to verify an alternate prior to the trip. After two additional unsuccessful attempts to verify an alternate winner for the prize, the respective prize will remain un-awarded; there will not be a second chance drawing. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, misdirected, ignored, or undeliverable will be forfeited and will not be re-awarded.
PUBLICITY RELEASE: By accepting a prize, winner hereby consents, where lawful, to the use by Sponsor (and its affiliates, Promotion Entities and their authorized representatives) of their (and as applicable, their dog’s) name, image, likeness, hometown name, and biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, including Sponsor’s, Promotion Entities’, and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation.
LIMITATIONS OF LIABILITY/RELEASE: If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) from entries received prior to the action or as otherwise may be deemed fair by Sponsor. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants’ or to any other person's computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website.
Sponsor and all other Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion, or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event cancellation, or any similar or dissimilar event beyond their reasonable control. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AND WINNER(S) AGREE TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS (“RELEASE”) SPONSOR, PROMOTION PARTNERS AND ALL OTHER PROMOTION ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND DIVISIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL THREATENED OR ACTUAL ACTIONS, LIABILITIES, CLAIMS, DEMANDS, LOSSES, LAWSUITS, JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHETHER OR NOT LITIGATION IS COMMENCED (“DISPUTES”) ARISING AT ANY TIME FROM THE PROMOTION AND ANY ELEMENT THEREOF; THE ENTRY (IN WHOLE OR IN PART); PARTICIPATION IN ANY PROMOTION AND/OR PRIZE-RELATED ACTIVITY (INCLUDING TRIP AND ALL ELEMENTS THEREOF), OR INABILITY TO RECEIVE OR PARTICIPATE IN, OR PARTS THEREOF; THE DELIVERY, ACCEPTANCE, USE, MIS-USE OF A PRIZE OR ANY ELEMENT THEREOF, OR ANY FAILURE WITH RESPECT THERETO BY ANY PERSON OR ENTITY; PERSONAL INJURIES INCLUDING DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, VIOLATION OF ANY RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE PROMOTION, A PRIZE AND ANY ELEMENT THEREOF; ANY ACT, DEFAULT, OMISSION, NON-COMPLIANCE, AND/OR A VIOLATION OR BREACH OF ANY LAW OR AGREEMENT, REPRESENTATION, WARRANTY OR COVENANT MADE HEREIN, OR ANY OTHER AGREEMENTS BY/WITH ENTRANT, THE SPONSOR AND/OR ANY OTHER PROMOTION ENTITY OR RELEASED PARTY, OR ANY OTHER THIRD-PERSON OR ENTITY WHO MAY NOT BE A PARTY TO THESE RULES.
To the maximum extent permitted by law, entrants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official Rules shall be construed and enforced as if they did not contain the stricken provision.
IN NO EVENT WILL SPONSOR OR OTHER PROMOTION ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES AND/OR ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THE PROMOTION OR ANY PROMOTION RELATED ACTIVITIES, OR ANY ELEMENT THEREOF.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in NEW YORK, NEW YORK.
WINNERS LIST: For the name of prize winner(s) over $25, mail a self-addressed, sufficiently postage stamped envelope, with a winner’s list request to: Bark Dreams Big, Winners’ List Request, Attention: Bark Dreams Big Sweepstakes Administrator, Barkbox, Inc., 221 Canal Street, New York, NY 10013, for receipt by May 30, 2018. Limit one (1) request per person, or household address.
SPONSOR: Barkbox, Inc., 221 Canal Street, New York, NY 10013.