THE JACK PETACULAR COSTUME CONTEST OFFICIAL RULES & REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE OR AFFECT THE POSSIBILITY OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
Void Where Prohibited By Law
Contest Name: JACK Petacular Costume Contest (“Contest”)
Sponsor: (“Sponsor”): Sparknet Communications LLC, 4117 Hillsboro Pike, Ste 103-355, Nashville, TN 37215.
1. ENTRANT/VOTER ELIGIBILITY. An “Entrant” and/or Voter is a natural person who (i) is a legal resident of the United States as of the date he/she submits a Submission; (ii) is the owner of the pet or is a member of the pet owner’s immediate family; and (iii) complies with the Method of Submission & Submission Requirements in Paragraph 3 below, and all other terms of these Official Rules. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor, and their respective parent companies (if any), subsidiaries, Jack FM affiliate radio stations, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter and/or vote.
2. The Contest Timeframes. Contest starts on Monday, October 2, 2023 and ends on Monday, October 30, 2023.
3. Method of Submission and Submission Requirements. The Contest is offered electronically via the Internet. Please go to jack.fm (“Site”) and follow the online entry instructions. To enter successfully you must fill in the required information on the online entry form and submit your photo via Instagram tagging handle @jackdotfm, and include the hashtag: #jackpets. If entries do not contain all necessary information, entrant will be disqualified. Please be certain to follow all directions. Please fill in all requested information completely. Sponsor is the official time-keeper for the Contest. In the event the Contest is entered via a mobile device, Message and Data charges may apply.
Submit a current photo of your pet in costume Playing What It Wants or a photo of your pet in costume trying to make a Request (the ”Petacular Categories”). The same pet may be entered more than once but only may be entered once per day and must be a different photo for each entry. Entrants represent and warrant that the entry is the original photo owned by entrant, and the entry does not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. Entries submitted in geographic areas in which the entry is not permissible will be disqualified. If the Entrant is not of a legal age then Sponsor will require that a parent/guardian sign for any winnings.
4. Disqualification. Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (i) Entrant fails to meet the Method of Submission & Submission Requirements in Paragraph 3; or (ii) Entrant violates or fails to comply with these Official Rules. Entries or votes that are lost, late, misdirected, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Web site or elsewhere, are not the responsibility of the Sponsor, and will not be eligible. In the event of a dispute, entries/votes will be deemed submitted by the authorized account holder of the e-mail address at time of entry. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry or voting process, the operation of the Web site, or otherwise in violation of the rules. Use of bots or other automated processes to vote or enter is not allowed and may result in disqualification at Sponsor’s discretion. Sponsor further reserves the right to cancel, terminate, or modify any Contest not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, voter fraud, or technical failures of any sort. Sponsor is not responsible for errors in the administration or fulfillment of this Contest, including, without limitation, mechanical, human, printing, distribution, or production errors, and may modify this Contest based upon such error at its sole discretion without liability and where circumstances make this unavoidable.
5. ENTRY MATERIALS BECOME THE PROPERTY OF SPONSOR. All entry materials become the property of Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but, in exchange for the possibility of publication of the Submission, entry in this Contest constitutes entrant’s irrevocable, perpetual permission and consent to Sponsor and others authorized by Sponsor, without compensation or attribution, (i) to use, reproduce, print, publish, transmit, communicate to the public, distribute, sell, perform, adapt, enhance, or display the Submission and the entrant’s name and city and state for advertising, commercial, and publicity purposes, in any and all media now in existence or hereinafter created, throughout the world; (ii) to do (or omit to do) any acts in respect of the Submission which may otherwise constitute an infringement of the entrant’s moral rights; and (iii) to edit, adapt, and modify the entry. Except to the extent prohibited by law, Sponsor excludes from these official rules all conditions, warranties, and terms implied by statute, general law, or custom. Each entrant releases and discharges the Sponsor, the judges, any party associated with the development or administration of the Contest, their employees, agents, or representatives, or any of their parents, subsidiaries, or affiliates from any and all liability in connection with the Contest, including, without limitation, legal claims, costs, losses or damages, demand, or actions of any kind.
6. WINNER SELECTION. Entrants’ photos will be published in the Petacular Contest Gallery on Jack.fm where viewers will have the opportunity to rate the photos. A finalist's photo for each of the two Petactular categories will be selected by the Jack Judges Content Committee taking into account input via user ratings on Jack.fm. Judges will take into account user ratings as well as a number of factors such as photo quality, appearance of the pets and their personal opinions. Photos will be published on the Petacular Contest page, along with each owner’s first name, last initial and state. The JJ will announce the winner on the Petacular Contest page on Tuesday, October 31, 2023.
7. PRIZE AND SELECTION OF WINNERS. The qualified winner of each Petacular Category will have his or her photo and first name and last initial printed as the winning photo. A cash prize of Five Hundred Dollars ($500.00) (“Prize”) will be awarded in connection with the winner of each Petacular Category. If the qualified winner cannot be contacted or does not respond within three (3) days, an alternate winner may be selected.
8. LIABILITY, RELEASE & FORCE MAJEURE: Sponsor is not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of the Prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site.
9. GENERAL PROVISIONS. Subject to all federal, state, and local laws and regulations. Void where prohibited. All disputes arising or connected with the Contest shall be governed by Tennessee law and will be resolved individually, without resort to class action exclusively in a state or federal court located in Nashville, TN. As permitted by law, any judgments or awards shall be limited to out-of-pocket damages (excluding attorneys’ fees), and shall not include any indirect, punitive, or consequential damages.
10. ENTRANT REQUIREMENTS AND GRANT OF RIGHTS. Except where prohibited: (i) acceptance of publication constitutes consent to use winner’s name, likeness, and winning photo entry for advertising, and publicity purposes, without compensation; (ii) winner may be required to sign an affidavit of eligibility and copyright transfer/liability/publicity/permission release. If the winner is deemed to be a minor under the jurisdiction of his/her residence, the parent or legal guardian may be required to execute the necessary affidavit and release. Affidavits and releases must be returned within ten (10) days of attempted notification or an alternate winner may be chosen. The Sponsor collects personal information in order to conduct the Contest and may, for this purpose, disclose such information to third parties. Entry is conditional on providing this information. The Sponsor may also use the information for promotional, marketing, and publicity purposes. Entrants should direct any request to access, update, or correct information to the Sponsor. Entrants can access Sponsor’s Privacy Policy here: https://jack.fm/privacy-policy.
11. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Official Rules and Winner list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to Sponsor at the address set forth above. All such requests must be received by Monday, October 23, 2023.