BARK’s Dog Tattoo Celebration Contest: OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR WIN.  

2. HOW TO ENTER:  Beginning on August 17, 2022 at 12:01 a.m. EST through September 2, 2022 at 11:59 p.m. EST, visit BARK’s Dog Tattoo Celebration Contest (“the Contest”) website located at ruv.me/tattoos, and follow the Contest instructions, which include the submission of a photo of the entrant’s dog and an original written content explaining why the entrant wants to obtain a tattoo of their dog (“Submission”).    

3. ELIGIBILITY:  The Contest is only open to residents of the United States and Canada who are 18 years of age and older at the time of entry.  Only one entry is allowed per household.  Employees, interns, contractors, officers, and directors of BarkBox, Inc. (“Sponsor”), and members of the Sponsor’s immediate family (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors are not eligible to participate or win any prize.  All potential winners are subject to verification before any prize will be awarded, and Sponsor reserves the sole right to determine eligibility.  Void where prohibited.

4. BINDING AGREEMENT:  In order to enter the Contest, entrant must agree to the Rules, and these Rules form a binding legal agreement between you and Sponsor with respect to the Contest.  Therefore, please read these Rules prior to entry to ensure that you understand and agree to them.  You may not submit an entry in the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules and comply with all requirements set forth in these Rules.

5. SUBMISSION REQUIREMENTS:  Your Contest Submission must be original, unpublished work that does not contain, incorporate, or otherwise use any content, material, or element that is owned by a third party or entity.  The Submission should not include any content, material, or element that:

a. is derogatory, offensive, threatening, defamatory, disparaging, libelous content or any content that is sexually explicit, slanderous, discriminatory in any way, or that promotes hatred or harm against any group, person, animal, or otherwise does not comply with the theme and spirit of the Contest, as determined by Sponsor in its sole discretion.

b. is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws or regulations.

c. displays any third party advertising, slogan, logo, trademark, representation of characters indicating a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by the Sponsor, in its sole discretion.

d. violates a third party’s publicity, privacy or intellectual property rights.

6. SELECTION OF POTENTIAL WINNERS:  After the Contest entry period, eligible entries will be reviewed and judged by a panel consisting of employees and representatives of Sponsor (the “Panel”).  Each eligible entry will be evaluated and scored based on the quality and content of the Submission accompanying the entry, as weighted in the Panel’s sole discretion.  On or before September 16, 2022, the Panel will select one hundred (100) winners based on the Panel’s judging criteria.  Sponsor will contact potential winning entries by email, and each potential winner must respond to Sponsor within seventy-two (72) hours.  Upon each potential winner’s verification of compliance with these Rules and consent to participate in the Contest, each potential winner will receive a prize as designated below.  Sponsor’s decisions as to the administration and operation of the Contest and the selection of winners are final and binding in all matters related to the Contest. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award any prize to a person who is ineligible or has violated any of the Rules, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means.  In the event that a potential winner is disqualified for any reason, Sponsor may award the corresponding prize to an alternate winner by selecting the entrant with the next highest score as awarded by the Panel. All alternate potential winners are subject to all requirements set forth in these Rules. 

7. PRIZES: One hundred (100) winning entries will receive:  

(a) a $150 electronic Visa gift card, which can be used by the winner to obtain a tattoo of their dog, and 

(b) a gift bundle for your dog worth approximately $50.  

Odds of winning a prize depend on the number of eligible entries received during the Contest period. Prize details and availability are subject to change. Lost or stolen prizes will not be replaced. The prize does not include any other item or expense not specifically described in these Rules, and any such additional items or expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded, and no other prizing or substitutions will be made. In the event that Sponsor is unable to provide winners with a listed prize, Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Winners agree to accept the prizes “AS IS,” and hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. 

8. TAXES:  AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING.  TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.  In order to receive a prize potential winners must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative of Sponsor or the relevant tax authority, all as determined by applicable law.  All prize winners are responsible for ensuring that they comply with all applicable tax laws and filing requirements.  If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate potential winner.

9. PUBLICITY; INTELLECTUAL PROPERTY RIGHTS:  Except where prohibited by law, participation in this Contest constitutes your consent to Sponsor’s use of your name and biographical and personal information (“Likeness”), and (ii) Submission (which includes any materials submitted in accordance with your entry) (Likeness and Submission are, collectively, the “Content”).  As between Sponsor and entrant, the entrant retains ownership of all intellectual property rights in and to the Content (excluding Sponsor’s rights in its logos/trademarks).  As a condition of entry, entrant irrevocably grants to Sponsor (and those acting under Sponsor’s authority) the absolute, perpetual, worldwide, fully transferable, fully sublicensable, royalty-free, and fully paid-up license without further payment, consideration, notice or permission to use, reproduce, adapt, modify, publish, distribute, publicly perform, copy, modify, edit, create derivative works from,  display, perform, exhibit, distribute, transmit, broadcast, use, and otherwise fully exploit:

  1. the Submission for any purpose and all purposes, including (without limitation) display on Sponsor’s websites or in connection with Sponsor’s commercial use of the Submission (“Submission License”); and 
  2. entrant’s Likeness in connection with Sponsor’s permitted use of the Submission or this Contest (“Likeness License” and, together with the Submission License, the “Licenses”).  

The Licenses shall be non-exclusive.  For certainty, and without limitation, in connection with the Licenses, Sponsor may use and permit to be used the Submission or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in perpetuity and in any media or embodiment now known or hereafter developed, in connection with Sponsor’s (or its designees’) advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials.  

Entrant waives and consents to any action of Sponsor under the Licenses that would violate all moral rights in and to the Content, including (without limitation) all rights of attribution, paternity, and integrity and all rights to any compensation in, or accounting for, same.  

Entries will not be returned.  Sponsor retains all rights in its products and services, and entry into this Contest will in no case serve to transfer any rights that Sponsor has in its intellectual property rights to the entrant.  Entrant agrees to execute all documents requested by Sponsor necessary or desirable by Sponsor in further evidencing and perfecting the rights granted to Sponsor in connection with this Section 8.

10. ERRORS AND UNAUTHORIZED ACTIVITIES: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including without limitation, fraud, virus or other technical problem, or any other reason beyond the control of Sponsor, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Rules; or (b) cancel or terminate the Contest and, if feasible, award the prizes from among all eligible entries received up to the time of the impairment. Sponsor reserves the right to modify prize award procedures. 

11. LIMIATION OF LIABILITY: By participating in this Contest, entrants agree to release, indemnify, defend and hold Sponsor and its affiliates, directors, officers, employees, and agents and assigns, any other organizations related to this Contest (the “Released Parties”), harmless from any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of, or in connection with, participation in this Contest  or the acceptance, use, or misuse of any prize.  Sponsors is not responsible for: (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail, or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials or giveaways; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.  You agree that in any cause of action, the Released Parties’ liability shall be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs. You further acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, a prize’s quality, authenticity, or availability.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

12. JURISDICTION: Entrants agree that any and all disputes, claims and causes of action arising out of or in connection with this Contest shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of JAMS, then effective. All issues and questions concerning the validity, construction, interpretation, performance, and enforcement of the Contest and these Rules, or the rights and obligations of entrants and Sponsor, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York.

13. DATA COLLECTION:  Sponsor will be collecting personal data about entrants, in accordance with its privacy policy, which is available at www.barkbox.com/privacy-policy.  Pursuant to its privacy policy, Sponsor may utilize information provided by entrants to send information about Sponsor’s services or other topics that are likely to be of interest, including newsletters, updates, or other communications.  By submitting information to Sponsor, each entrant agrees to Sponsor’s collection and usage of the entrant’s personal information and acknowledge acceptance of Sponsors’ privacy policy.  Entrants may withdraw their personal data upon written request; however, the entrants will be disqualified if personal data is withdrawn prior to the determination of the winners and fulfillment of the prizes. 

14. WINNER’S LIST:  To obtain a list of the names of winners, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Contest, to BARK, Attn: Taylor Burt, 221 Canal St., Floor 2, New York, NY  10013. Requests received without a self-addressed, stamped envelope will not be fulfilled.

15.  SPONSOR:  The Contest is sponsored by BarkBox Inc, 221 Canal Street, New York, NY  10013.