101 Dog Stories Contest - Terms & Conditions
CONTEST PERIOD: August 14, 2020 – October 1, 2021
SUMMARY OF CONTEST: Maui Media, LLC, through its Dog Podcast Network, is sponsoring the contest described in these rules (the “Contest”) for the purpose of selecting one hundred one (101) stories concerning dogs that have been digitally recorded for use in a podcast or similar audio format. No purchase or visit to any physical location is necessary to make a submission. The Contest begins at 12:01 a.m. HST on August 14, 2020 and ends at 11:59 p.m. HST on October 1, 2021 (the “Contest Period”). All times in the Contest refer to Hawaii Standard Time (“HST”). The Contest is subject to all applicable federal, state, and local laws and is void where prohibited.
SPONSOR: Maui Media, LLC, located at 1215 South Kihei Road, #O-155, Kihei, HI 96753, is sponsoring this Contest and shall be referred to herein as “Sponsor.” Sponsor shall have the right to assign its rights and obligations described herein in its sole discretion.
ELIGIBILITY: The Contest is open to any legal resident of the fifty (50) United States (U.S.) or the District of Columbia who is at least eighteen (18) years of age at the time they submit their entry as well as legal residents in any country or region who are at least eighteen (18) years of age at the time they submit their entry and the relevant local laws do not prohibit their participation in such contests. By submitting an Entry, any person living outside of the United States agrees to indemnify Sponsor for any liability resulting from or arising out of their Entry to the Contest. Officers, directors, and employees of Sponsor (as defined below), members of such persons’ immediate families, and/or people living in the same households as such persons are not eligible to enter or win the Contest.
HOW TO SUBMIT AN ENTRY: To submit an entry, access the Contest website at dogpodcastnetwork.com/101-dog-stories-contest (the “Website”) and click on the “Submit Audio Story” button. Follow the instructions on the Website to enter your first and last names, phone number, email address, residential address, title of your audio story, and upload an audio file of your story in .wav format. Submission of all of required information in accordance with the terms of these rules shall be an “Entry” and any person who submits a valid Entry shall be an “Entrant.” Entrants may optionally upload a text-only script of their recorded story in addition to an audio file, but any text-only script uploaded by an Entrant will not be considered by the Judges (defined below). After entering the required information and uploading a recorded story related to dogs, click the “Submit” button to submit an entry. To be a valid Entry, the story must be told in an audio recording created by or at the direction of the Entrant of an original story written and told solely by the Entrant. To be a valid Entry, the audio recording uploaded by the Entrant must be between five (5) and fifteen (15) minutes in length. If the .wav file uploaded by a potential Entrant plays for less than five (5) minutes or more than fifteen (15) minutes, it will not be a valid entry and will not be considered by the Judges. All Entries become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, each Entrant grants Sponsor a non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, translate, perform, adapt, modify, and otherwise exploit the Entry, including but not limited to the Entrant’s name, story, and audio recording, and to incorporate all or part of Entrant’s name, story, and/or audio recording in other works in any and all markets and media now or hereafter known throughout the universe in perpetuity. Entry constitutes permission (except where prohibited by law) to use an Entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the universe in perpetuity without additional compensation, notification, permission, or approval.
By submitting an Entry, each Entrant warrants that they have the sole and exclusive right to grant such rights to Sponsor and that Sponsor’s reproduction, publication, display, and/or other use of any portion of the Entry will not infringe on any rights of any third party, including, without limitation, copyright, trademark, right of publicity, and/or privacy and will not give rise to any claim by any third party, including but not limited to, defamation, misappropriation, emotional distress, or breach of contract. If any Entry does not comply with these Rules, as determined by Sponsor in its sole discretion, such Entry may be disqualified and rejected as ineligible for consideration by the Judges as determined by Sponsor in its sole discretion. Sponsor shall have no obligation to use, acknowledge, or publish any Entry.
Entries must be received before 12:59 p.m. HST on October 1, 2021 to be eligible for the Contest. Entrants may enter only three original Entries during the Contest Period. Multiple Entries in excess of three Entries received from any person or email address beyond this limit will void all such additional entries. The same story or recording (or portions thereof) may not be used for more than one (1) Entry. Entries that are incomplete, corrupted, or unintelligible for any reason, as determined by Sponsor in its sole discretion, are void and will not be accepted. Each Entrant’s story must be original, truthful (as applicable), unpublished, created solely by the submitting contestant (Entrant’s may accept technical help to record themselves telling their stories), and must not have been submitted in any other competition. Any Submissions containing material that is violent, pornographic, obscene, illegal, inappropriate, or offensive, as determined by Sponsor in its sole discretion, or that does not comply with these rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations.
Entrants should be aware that contests of this nature typically elicit entries that closely resemble concepts and ideas that have been independently developed by Released Parties (as defined below) before or after such contests. Accordingly, an Entrant may subsequently see a Released Party publish material that appears to incorporate an idea from or material that is similar their Entry. Any similarity is purely coincidental and unavoidable in due to the volume of ideas that the Released Parties regularly consider in the course of their business of developing and publishing content.
HOW WINNERS WILL BE SELECTED AND NOTIFIED: During the Contest Period, one hundred (100) winners (each a “Winner” and collectively the “Winners”) and one (1) grand prize winner chosen from the Winners (“Grand Prize Winner”) will be selected by a panel of qualified judges chosen by Sponsor in its sole discretion (the “Judges”). Entries will be judged on a fifty (50) point scale based on the following judging criteria: (a) originality (ten (10) points); (b) relevance to the topic of dogs (ten (10) points); (c) relevance to an average dog-loving podcast listener (ten (10) points); (d) style (ten (10) points); and (e) quality of the audio recording (ten (10) points). All decisions by the Judges will be final and binding. The Entrants who submitted the Entries with the highest point totals will be the Grand Prize Winner. In the event of a tie between two (2) or more Entries, the Entries of the tied Entrants will be sent to an additional tie-breaking Judge who will re-score the Entries based on the judging criteria listed above. The one hundred (100) Entrants who submitted the Entries with the next highest point totals will be the Winners. Sponsor reserves the right to select fewer than one hundred (100) Winners, or no Grand Prize Winner or Winner and/or to terminate the Contest or extend the Contest Period, if, in Sponsor’s sole discretion, an insufficient number of eligible, tasteful, or appropriate Entries are received. In total, during the Contest Period, Judges will select one hundred (100) Winners, with at least one (1) selected each month, and one Grand Prize Winner chosen from the Winners after the close of the Contest Period. Every month, starting in September 2020, our judges will evaluate all Entries received that calendar month and select at least one (1) Winner. Sponsors may select more than one (1) Winner each month during the Contest Period as determined by the Judges in their sole discretion and based on the number of valid Entries received that month. The Entry with the highest point value (per our judges) will be the monthly Winner and additional Winners may be chosen from all Entries submitted up to that point during the Contest Period based on the scores of the judges.
Sponsors will make at least two (2) attempts to notify each Winner and the Grand Prize Winner using the phone number and/or email address submitted as party of the relevant Entries. If a Winner or Grand Prize Winner cannot be reached, is found to be ineligible, or cannot or does not comply with the terms of these rules, such Winner or Grand Prize Winner may be disqualified and the Entrant with the next highest score based on the judging criteria listed above may be selected as an alternate Grand Prize Winner or Winner. Each Winner or Grand Prize Winner may be required to execute and return an eligibility release, release of liability, and, except where prohibited, publicity release (collectively, “Release Documents”) to receive a prize as described herein.
PRIZES: There will be one (1) grand prize of five thousand dollars ($5,000) (the “Grand Prize”) and one hundred (100) prizes of one hundred dollars ($100) (each a “Prize”) awarded. The estimated retail value of all prizes is fifteen thousand dollars ($15,000). All prize details, including form of prizes, are at Sponsors’ sole discretion. Sponsors reserve the right to substitute any Prize or Grand Prize with a similar prize of comparable or greater value at Sponsor’s sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any Prize or the Grand Prize are the sole responsibility of Winners and Grand Prize Winner. Neither the Prizes nor the Grand Prize may be transferred and are valid only for amounts or any substituted prizes detailed above. If any Prize or Grand Prize is unclaimed, it will be forfeited and may be awarded to the Entrant with the next highest score based on the judging criteria detailed above as determined by the Sponsor in its sole discretion.
ENTRANTS’ RELEASE OF VARIOUS PARTIES: By submitting an Entry to this Contest, each Entrant agrees for themselves and their heirs, executors, and administrators to: (a) release and hold harmless the Contest Entities and their respective officers, directors, and employees (collectively the “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or otherwise, from such Entrant’s participation in the Contest and/or their acceptance, possession, use, or misuse of a Prize or Grand Prize or any portion thereof; (b) indemnify Released Parties from any and all liability resulting or arising from the Contest and hereby acknowledges that Released Parties have neither made nor are in any way responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes or Grand Prize described herein; and (c) be bound by these rules and waive any right to claim any ambiguity or error herein or in the Contest itself as described by the Released Parties in any other publication or communication, and be bound by all decisions of the Sponsor and Judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
MISCELLANEOUS TERMS: Sponsor reserves the right to terminate the Contest or permanently disqualify any person Sponsor believes has intentionally violated these rules. Any attempt to disrupt the Contest or Sponsor’s operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. Sponsor reserves the right to cancel or modify the Contest should any computer virus, malfunction, or other cause beyond its control corrupt the administration, security, or proper operation thereof. In the event of cancellation, Prizes and the Grand Prize will be awarded based on the judging criteria listed above from among all eligible, non-suspect Entries received prior to the event requiring cancellation. Notice of cancellation will be posted at the Website.
The failure of Sponsor to comply with any provision of these rules due to an act of any god, war, fire, riot, earthquake, terrorism, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these rules.
Released Parties assume no responsibility for any injury or damage to any Entrants’ or to any other person’s computer, phone, or other networked electronic device relating to or resulting from submitting an Entry or downloading materials in connection with the Contest. Released Parties are not responsible for telecommunications, hardware, or software failures of any kind; for inaccurate transcription of information in any Entry; for errors in any promotional or materials describing this Contest or in these rules; for any human or machine error; or for Entries that are stolen, misdirected, garbled, delayed, lost, damaged, corrupted, undelivered, or eaten by the Released Parties’ dogs.
DISPUTES: This Contest is governed by the laws of the State of Hawaii without consideration or application of any choice of law concepts, and the exclusive forum and venue for any dispute shall be in a court of competent jurisdiction in Maui County in the State of Hawaii. THE REMEDY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST SHALL BE LIMITED TO ACTUAL DAMAGES AND, IN NO EVENT, SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY COSTS OR ATTORNEYS’ FEES, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners and the Grand Prize Winner, all of which will be available after December 1, 2021, visit the Website.