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Sweet Licks Contest Terms and Conditions

Terms and Conditions

I hereby give The Bark, Inc and Nature’s Variety, Inc., a non-exclusive right to use the content of this submission in any editorial, marketing or advertising purposes.

I represent that I sent the submission to The Bark under my true name and understand that this submission, its content, and any attachments submitted with it may be republished in any form or medium at any time and in any place, and that the submission and attachments will not be returned to me.

I understand that I shall receive no compensation or remuneration of any type for use of the submission, any attachments or my name, and The Bark, Inc and Nature’s Variety, Inc., shall be under no obligation to use the submission, attachments or my name* I further agree to the Official Rules of the Contest.

I release The Bark, Inc. and Nature’s Variety, Inc., their parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, and agents and their successors and assigns from any and all liability with respect to whatever manner they use the submission, attachments or my name. *The Bark reserves the right to review and reject any submissions in its sole discretion.

Nature’s Variety Sweet Licks Photo Contest (“Contest”) Official Rule.

Contest submission ends on July 31, 2010. By submitting a photo for consideration, users agree to the Official Rules of the Contest.

Sponsor: The Bark, 2810-8th St., Berkeley, CA, 94710.

THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE STATE AND FEDERAL LAW. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES AND D.C., AND WHERE PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU ARE NOT A RESIDENT OF THE FIFTY (50) UNITED STATES OR D.C. AT THE TIME OF ENTRY.

1. ELIGIBILITY. No purchase necessary to enter. Purchase will not improve chances of winning. This Contest begins July 1, 2010, ends on July 31, 2010, at 11:59 p.m. Eastern Standard Time (“EST”) (“Promotion Period”) and is open to all legal residents of the 50 United States and D.C. who are at least eighteen (18) years old at time of entry. Employees of The Bark, Inc., Nature’s Variety, Inc. their respective parent or affiliated companies, subsidiaries, dealers, sales representatives, distributors, advertising agencies, promotional and prize suppliers and the immediate families and household members of each, are prohibited from entering.

2. HOW TO ENTER. To enter the Contest: Go to thebark.com/content/best-licker-contest and complete the entry form. Once completed, follow the step-by-step process for creating a submission and for uploading an accompanying photo(s).

Contest submissions can also be submitted through the U.S. postal service. Postal submissions should include the entrant’s name, address, and e-mail address. All submissions sent by postal delivery shall be subject to the Terms and Conditions and the Official Rules of the Contest. Mail to The Bark, 2810-8th St., Berkeley, CA, 94710.

Please do not send originals, as no photographs or submissions will be returned. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and his or her Contest entry) who tampers with the entry process. Sponsor reserves the right to cancel or suspend this Contest should fraud, virus, bug or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Contest. Sponsor is not responsible for any errors, failures or delays, whether human or technical in nature, of any computer system, phone line, hardware, software, program, computer transmissions, postal delivery, or network connections. Proof of entering information on Sponsor’s website is not considered proof of delivery or receipt by Sponsor.

3. WHAT TO SUBMIT. Electronic photos must not exceed 2MB in size. Instructions regarding how to upload the photo are provided here. Photos which are not viewable for any reason will be rejected. Photos may not contain defamatory or disparaging comments or depict illegal or inappropriate conduct.

Scans of non-digital photographs are acceptable as part of your entry. Photographs must be in a .jpeg, .jpg or .tiff format. Files submitted may not be larger than 2,048k (2MB). Original photographs will not be returned. Minor digital enhancements are permitted, but images that have been significantly modified or appear unnatural will be disqualified.

The Submission must be the original work of entrant and not previously published. Submission must not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. All entries become the property of The Bark, Inc. and will not be returned. Winners will be required to grant to The Bark, Inc. all rights, titles and interest in the submitted entry. We reserve the right to use any/ all entry(ies) in all print and electronic media, and to edit it for brevity and clarity. By entering this contest entrant specifically agrees that his/her photo may be posted on the TheBark.com website and is subject to terms listed in the Terms of Use.

4. INFORMATION. By participating, you hereby acknowledge and agree to receive e-mail from Sponsor, but you can opt out of receiving future e-mail by following the instructions contained in any such email, or otherwise notifying the sending entity. You will remain eligible to win prizes if you opt out.

5. SELECTION PROCESS. One (1) submission will be selected by Sponsor as the grand prize winner. All Contest submissions will be judged on the basis of uniqueness, quality, and the ability to convey the contest topic in an inspirational and dog-centric manner. All Contest decisions are at Sponsor’s sole discretion and are final. Entries that fail to comply with the Contest Rules will be disqualified. Submissions may be published on a rolling basis both before and after July 31, 2010. After the Contest is closed, the Sponsor shall select or designate one submission as the winner of the grand prize.

Readers’ Choice Voting: Readers will be given the opportunity to vote for their favorite entries on http://thebark.com/content/sweet-licks-contest-1. One vote equals one “Like.” Voters must be a Google user in order to vote. You can then vote for as many different photos as you like, but you can only place one vote for each photo.

The winner will be contacted by Sponsor to get more details on their photo, as well as a higher-resolution version of any photographs and model release forms, if applicable. If a Contest photo includes individuals other than the entrant, the judges may also require the entrant to obtain a signed model release form from each of those individuals. If prize winner is unable to supply these, an alternate may be selected.

6. WRITER/PHOTOGRAPHER/COPYRIGHT. You must be the sole owner of the copyright of any writing and media submitted. Your submission is your warranty that you are the author and copyright holder of the content.

7. OWNERSHIP/USE RIGHTS GRANTED. Entrants retain the copyright to their content and media. By entering the Contest, entrants grant Sponsor a non-exclusive license to use the content/media for any purposes, in any form or medium, at any time, and in any place, without restriction. This includes, but is not limited to, publishing online or in print and sharing the content and media with Nature’s Variety, Inc to be used for promotional purposes without compensation to entrants.

8. WEB RESTRICTIONS. All entrants must have a valid email address at time of entry. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the “Authorized Holder” in whose name the email account is registered, provided that person meets all eligibility criteria set forth in the Eligibility section of these Official Rules. “Authorized Holder” shall mean the natural person assigned to an email address by an Internet Access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Please see Sponsor’s privacy policy, thebark.com/content/privacy-policy, for details of the Contest policy regarding the personal information collected in connection with this Contest.

9. PRIZE/ODDS. The grand prize winner will be selected from the entire pool of Contest submissions and will receive a coupon redeemable for 12 packages of Nature’s Variety SweetSpot™ frozen treats at participating US retailers. Prize is subject to availability, government restrictions, and regulations. Other restrictions may apply. Odds of winning a prize depend on the total number of eligible entries received. The value of the grand prize is not greater than $1,000.

Sponsor will select one (1) winner, and that winner may be published in The Bark and/or on TheBark.com. Selection will take place by August 14, 2010.

The selected finalists are eligible for but not guaranteed publication in The Bark, in conjunction with promotional advertising by Nature’s Variety, Inc. No compensation will be paid to published or unpublished finalists unless such finalist is also selected as the grand prize winner.

Any entrant may find out the grand-prize winner by writing to The Bark, 2810-8th Street, Berkeley, CA 94710.

10. POTENTIAL WINNER NOTIFICATION/PRIZE RESTRICTIONS. The winner will be notified by e-mail and must sign and return an Affidavit of Eligibility and a Liability/Publicity release (where permitted) within twenty-one (21) days from the date on the written prize notification letter or the prize will be forfeited. Failure to comply with these requirements for any reason, or return of the prize notification as undeliverable or refused, will result in forfeiture of prize. An alternate entrant will be chosen from the remaining eligible entries and awarded the prize. If the winner is eighteen (18) years of age or older but considered a minor in his/her state of residence, prize will be awarded on minor’s behalf to the parent/legal guardian of minor, who must execute and return any required documents as noted previously in these rules. All entries become property of Sponsor and will not be returned. Except at Sponsor’s discretion, no cash redemption, substitutions or transfer of prize is allowed. In case of unavailability of the advertised prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all applicable federal, state and local taxes are the sole responsibility of the winner. By accepting a prize, winner grants Sponsor and Sponsor’s agents the right to use his/her name and likeness in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.

11. LIMITATION OF LIABILITY. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release The Bark, Inc., Nature’s Variety, Inc., their parent and affiliated companies, officers, directors, employees and agents (“Promotion Parties”) from any and all liability, loss or damage incurred with respect to awarding, receipt, possession and/or use or misuse of any prize; (b) under no circumstance will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential or any other damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments and award shall be limited to actual out-of-pocket costs incurred, excluding attorney's fees and court costs. By accepting prize, winner agrees that Promotion Parties will not be held responsible for any system damage, loss of property, accidents, injuries or death that may occur in the receipt, awarding, use or possession of prize and/or participation in any prize-related activity, including any travel related thereto. Winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. By participating in this Contest, entrants and winner agree to be bound by these Official Rules, the decisions of Sponsor and any applicable federal, state, provincial or local laws and regulations.

12. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to conflicts of law principles. All entrants consent to jurisdiction and exclusive venue in the State of California.