TikTok Giveaway Rules
Fable Pets, Inc. April 2022 Contest (the “Contest”) begins on April 1, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends on April 31, 2022 at 11:59:59 p.m. ET (the “Contest Period”). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Fable Pets, Inc. 928 Broadway Suite 1105B, New York, New York, 10010 (“Sponsor”), which shall be final and binding in all respects. This Contest is in no way sponsored, endorsed, or administered by TikTok. TikTok is completely released of all liability by each entrant in this Contest.
Contest is open only to legal United States residents who reside in the fifty (50) United States and Washington D.C., who are eighteen (18) years of age or older at the time of entry. Employees of Sponsor and each of their respective parent companies, subsidiaries, affiliates, advertising, promotion and other agencies involved with the Sweepstakes (collectively, the “Sweepstakes Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate. Contest is void where prohibited by law and is subject to applicable federal, state and local laws and regulations.
HOW TO ENTER:
How It Works:
During the Contest Period,
- Follow @fablepets and “Like” the Contest post.
- Then, create an original TikTok of you and your dog (the “Submission”) – make sure that your Submission is positive, safe and inspired by the Contest; and
- Post your Submission on TikTok along with @FablePets (the “Tag”) and #aprilfablegiveaway, #fablepets, and #petgear (collectively, the “Required Hashtags”).
All Submissions must be posted to a non-private social media account and MUST include the Tag and Required Hashtags to be eligible as an entry into the Contest. By posting a Submission and using the Required Hashtags, you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are posting at their sole risk. Sponsor is not responsible for any claims arising from a comment, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media platform’s terms and conditions. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
Each Submission must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Submission must be posted to a non-private social media account;
- Submission must feature the entrant ONLY along with their dog;
- Entrant must be the rightful owner of the Submission included with the entry or must have the rights, title and interest necessary to utilize the Submission for the Contest in compliance with these Official Rules;
- Submission must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights. For example, Submission should NOT contain reference to sports team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies;
- Submission must NOT include third parties/people, who have not expressly authorized in writing the entrant to feature their name, image, likeness or voice in the Submission or otherwise use such name, image, likeness or voice in accordance with these Official Rules (if applicable, any selected winner may be required to verify such authorization in the form of a release);
- Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
- Submission must NOT contain any content that promotes any particular political agenda or message;
- Submission must NOT contain any personal identification, such as personal names or e-mail addresses;
- Submission must NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Submission must NOT violate any law;
- Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property;
- Submission must NOT contain any derogatory references to any of the Contest Entities; and
- Submission must comply with TikTok’s terms and conditions as posted on the social media platform.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable. Sponsor reserves the right to waive the Submission Requirements in its reasonable discretion.
In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet 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 processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Incomplete entries will be disqualified. Proof of sending email is not considered proof of delivery to or receipt by Sponsor of such entry.
Limit one (1) entry per person during the Contest Period. Entries received from any person or email address in excess of the limitation stated will be void.
GRANT OF RIGHTS:
Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other advertising and promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
WINNER SELECTION AND NOTIFICATION:
At the conclusion of the Contest Period a panel of judges, consisting of representatives of Sponsor, will review the eligible Submissions and pick their one (1) favorite Submission as the potential winner. The potential winner will be notified via direct message and/or a comment on their Submission with instructions on how to verify eligibility and claim a prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified.
PRIZE/APPROXIMATE RETAIL VALUE:
One (1) Prize is available. The Prize consists of a $100 fable gift card. Gift card is subject to separate terms and conditions imposed by issuer.
GENERAL PRIZE CONDITIONS:
The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential prize winner may have to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. In the event that any potential winner is less than the age of majority in their state of primary residence, the Prize Claim Document must also be signed by such potential winner’s parent or legal guardian.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Acceptance of a prize constitutes prize winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, except where prohibited by law. Additionally, the winner may be required to participate in media interviews as directed by Sponsor. Entrants agree that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner as described above from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. This Contest shall be governed by Massachusetts law.
NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
The name of the winner will be posted on Sponsor’s TikTok page on or about May 4, 2022.