These Membership Obligations will govern after 12:00am Pacific Time on October 23, 2012
ZOOPPA.COM, INC. CONTEST OFFICIAL RULES
Important: Please read these Membership Obligations before entering any Competition hosted by Zooppa.com, Inc. (each, a "Competition") through its website located at www.zooppa.com (the "Site"). If you are an individual acting as representative of an advertising agency or other legal entity, then you represent, warrant and covenant that you are participating in the Competition and agreeing to these Membership Obligations on behalf of such entity, and that all provisions of these Membership Obligations will bind you and that entity.
By participating in the Competition or otherwise submitting any Content (as defined below), you (a) agree to be bound by these Membership Obligations and (b) represent and warrant that you satisfy all of the eligibility requirements described below and that you have all authority necessary to bind yourself (and, if your are employed by or otherwise represent an advertising agency or other legal entity, that entity) to these Membership Obligations. For purposes of these Membership Obligations, the term "you" means you individually and, if you are employed by or otherwise represent an advertising agency or other legal entity, that entity.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.
Order of Precedence. To the extent any of the terms set forth in a Competition Brief and Membership Obligations are in conflict, the Competition Brief supersedes and governs.
PURCHASE WILL NOT INCREASE ODDS OF WINNING. COMPETITION VOID WHERE PROHIBITED. UNLESS OTHERWISE SPECIFIED, COMPETITIONS ARE OPEN ONLY TO REGISTERED MEMBERS OF THE SITE WHO ARE AT LEAST FOURTEEN (14) YEARS OF AGE OR OLDER. YOU MUST ALSO MEET ANY ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH IN THE APPLICABLE COMPETITION BRIEF AND RULES. If you are under EIGHTEEN (18) YEARS OF AGE OR UNDER the legal age of majority in your country, state or local jurisdiction of residence (a "Minor"), one of your parents or legal guardians must submit with your Entry (as defined below) the Parental Consent Form that your parent or legal guardian has read, understands and agrees to these Membership Obligations, and that such agreement constitutes acceptance of these Membership Obligations on behalf of you and themselves. IF YOU ARE NOT A REGISTERED MEMBER OF THE SITE, ARE UNDER THE REQUIRED AGE OR DO NOT OTHERWISE MEET THE LEGIBILITY REQUIREMENTS SET FORTH HEREIN, IN THE COMPETITION BRIEF, OR RULES, YOU ARE NOT ELIGIBLE TO WIN AN AWARD, AND ZOOPPA.COM, INC. ("ZOOPPA") RESERVES THE RIGHT NOT TO AWARD AWARDS TO YOU. To be eligible to win a award, your Entry/Entries must be completed and received by Zooppa in accordance with these Membership Obligations, the Competition Brief, Rules, and the Submission Agreement. Directors, officers and employees of Zooppa, any participating sponsors, and any of their respective parent companies, affiliates, subsidiaries, agents, professional advisors, agencies, and immediate families of each are not eligible to win any awards. All applicable federal, state and local laws and regulations apply. There is no limit to the number of submissions per person.
Zooppa, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Competition disruptions, injuries, losses or damages caused by events beyond the control of Zooppa; or (d) any printing or typographical errors in any materials associated with the Competition.
Visit www.zooppa.com/Competitions for information about a specific Competition period, including the entry submission deadline (the "Deadline"), for a specific Competition. All entries must be received by the Deadline to be eligible to win a award.
How to Enter
To enter a Competition, log into your account with your username and password on the Site, and complete the online Competition registration form. Then follow the directions to upload your completed project package before the Deadline. To upload your completed project package, you must agree to the terms of the Submission Agreement, which will be presented for your acceptance during the upload process. Please review the Submission Agreement carefully. The Submission Agreement includes important terms regarding your intellectual property rights in the Entry you submit as part of a Competition. An “Entry” into the Competition consists of any video, print advertisement, radio advertisement, banner advertisement, story, article, photograph, artwork or other material you submit as part of a Competition (collectively “Content”), your completed online registration form any required copyright licenses, and, if you are a Minor, the Parental Consent Form. All text associated with the Entry must be in English, unless otherwise stated. All requested information must be provided for your Entry to be valid.
By entering the Competition, you consent to being placed on Zooppa’s e-mail mailing list for promotional and other purposes. However, you may opt out of receiving commercial or promotional e-mail from Zooppa upon receipt of the first e-mail by following the "unsubscribe" instructions contained therein.
Nature of Content
You will not post, upload to, transmit, distribute, store, create or otherwise publish through the Site, including, without limitation, in connection with any Competition offered on or through the Site, any of the following:
- Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
- Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
- Content that is copied from another Site user;
- Content that is harmful to children in any way;
- Content that is harmful to, or degrades the goodwill associated with, the trademark(s) or name(s) of any company participating with Zooppa in any Competition or of such company's products or services;
- Content that promotes any competitor of Zooppa.com or any competitor of the Featured Brand in any Competition;
- Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
- Content that, in the sole judgment of Zooppa, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or participating in or enjoying the Competition(s), or which may expose Zooppa or its Site users to any harm or liability of any type.
- All animated graphics must be original work; the use of third party animation templates will not be accepted.
Zooppa is the sole judge regarding whether or not Content is acceptable under these Membership Obligations or any other terms or conditions on the Site.
Visit zooppa.com/contests for information about a specific Competition’s judging criteria and winner selection and notification dates. On or before the winner selection date, the winners will be selected as follows:
For Voter Choice Awards: By judges comprised of participating, registered members of the Site (individually, a "Voter" and together, "Voters"). Voters must be logged into the Site to cast a vote. Voters may only vote once for each Competition submission. Voters may vote only once for their own Content (if any) in a Competition. The more "senior" the Voter, the more weight his/her vote will carry for the overall score of the relevant Competition submission. Voter seniority is increased the more a Voter submits Content on the Site, comments on others' submitted Content, votes on others' submitted Content, and submits winning entries in Competitions. Any votes determined by Zooppa, in its sole and reasonable determination, to be suspicious or fraudulent shall not be used to determine the winner of a Competition.
For Featured Brand Choice Awards: By a panel of judges comprised of qualified employees of the company/brand participating with Zooppa in the Competition (the "Featured Brand").
Zooppa Jury Award: By a panel of judges comprised of Zooppa's employees and/or representatives. Judges will determine, in their sole discretion, the winners. To claim a award, winners should follow the instructions contained in the winner's notification.
Visit www.zooppa.com/Competitions for information about the awards for a specific Competition. Unless otherwise indicated, awards will be paid in U.S. dollars. If your Content is selected as a winner, Zooppa will attempt to notify you at the email address you provided Zooppa. To receive your Award, you must complete and return the Claim Form within 30 (thirty) days of notification, otherwise you will forfeit your Award. Zooppa will pay Awards to winners within 90 (ninety) days of receiving completed Claim Fomr.
If your video Content is not selected as a winner, but the Sponsor desires to use your video Content, Zooppa will pay you a fee as set forth in the Competition Brief (“Use Fee”). Zooppa will attempt to notify you at the email address you provided Zooppa. To receive your Use Fee, you must complete and return the Claim Form within 30 (thirty) days of notification, otherwise you will forfeit your Use Fee. Zooppa will pay the Use Fee within 90 (ninety) days of receiving completed Claim Form.
Zooppa will make payments by (a) sending you a check through standard U.S. mail or a standard international mail carrier the award amount earned, or (b) if you reside in one of the countries identified below, directly deposit the Award or Use Fee amount earned into your PayPal account (note that if you want us to use this method of payment, please note that you will have to provide us with PayPal account identification). Currently, residents of the following countries may elect to receive payment through PayPal, if available: Australia, Austria, Belgium, Canada, China, Czech Republic, Denmark, Finland, France, French Guiana, Greece, Germany, Guadeloupe, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Luxembourg, Martinique, Mexico, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Reunion, Singapore, Slovakia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, United Kingdom, United States. Countries whose residents will be eligible to receive payment through his or her PayPal account are subject to change at any time by Zooppa). PayPal payments may be subject to PayPal’s service fees for receiving funds. Be sure to check your service and fee schedule prior to selecting your preferred payment method.
11. Odds; Taxes; Etc.
Odds of winning a award depend on the number and quality of eligible entries received in each Award Category. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY AWARDS ARE THE SOLE RESPONSIBILITY OF THE WINNERS. All awards will be awarded. Awards returned as undeliverable or otherwise not claimed within thirty (30) days after delivery of notification will be forfeited and may be awarded to an alternate winner. Awards are not transferable. No substitutions or exchanges of any awards will be permitted. Awards won by a Minor will be awarded to a parent or legal guardian on the minor's behalf. Zooppa, in its sole and good faith discretion, may choose to award a award to an alternative winner if it determines that the initial winner violated these Membership Obligations, the Submission Rules, or any term or condition of an agreement between the winner and Zooppa.
Identity of Entrant
In the event of a dispute about the identity of the entrant, entries made online will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Zooppa with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
By entering the Competition, you (and, if you are a Minor, your parents or legal guardians) release Zooppa, any participating sponsor, and its parent companies, subsidiaries and affiliates, and each of their directors, officers, employees, agents, professional advisors and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or delivery, misdelivery, acceptance, possession, use of or inability to use any award (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, 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. IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY claims, costs, injuries, losses, or damages DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.
Winners List; Rules Request
The Competition and these Membership Obligations will be governed, construed and interpreted under the laws of the State of Washington. Entrants agree to be bound by these Membership Obligations and by the decisions of Zooppa, which are final and binding in all respects. Zooppa reserves the right to change these Membership Obligations at any time, in its sole discretion, and to suspend or cancel the Competition or any entrant's participation in the Competition should viruses, bugs, unauthorized human intervention or other causes beyond Zooppa's control affect the administration, security or proper play of the Competition or Zooppa otherwise becomes (as determined in its sole discretion) incapable of running the Competition as planned. Entrants who violate these Membership Obligations, tamper with the operation of the Competition or engage in any conduct that is detrimental or unfair to Zooppa, the Competition or any other entrant (in each case as determined in Zooppa's sole discretion) are subject to disqualification from entry into the Competition. Zooppa reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Competition. If you have any questions about these Membership Obligations or the Competition, please e-mail them to email@example.com or send written questions to Zooppa.com, Inc. at the address listed below, Attn: Zooppa.com, Inc. Competition Questions and specify the Deadline and Featured Brand for the relevant Competition.Zooppa.com, Inc.
911 Western Avenue, Suite 523
Seattle, WA 98104
For a copy of the winners list, send a stamped, self-addressed, business-size envelope within one (1) year after the Deadline to Zooppa at the address listed below, Attn: Zooppa.com, Inc. Competition Winners List, and specify the Deadline and Featured Brand for the relevant Competition. To obtain a copy of these Membership Obligations visit or send a stamped, self-addressed business-size envelope to Zooppa at the address listed below, Attn: Zooppa.com, Inc. Competition Rules Request and specify the Deadline and Featured Brand for the relevant Competition. Residents of VT may omit return postage.