NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. THE FOLLOWING IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THE UNITED STATES AND ITS TERRITORIES ONLY AND WILL BE GOVERNED BY APPLICABLE U.S. LAW. VOID WHERE PROHIBITED BY LAW.
By granting the Licensees permission to use your User Content via a submission thereof, you represent that you have read, agree to, and understand these Terms and Conditions (the “Agreement”) and agree to be bound by the terms of this Agreement, without modification, including all disclaimers, terms and conditions set forth herein.
CONTENT: You are solely responsible for your User Content, and hereby agree that you will not hold the Licensees responsible or liable for User Content you grant us permission to use via a submission thereof. By granting the Licensees permission to use the User Content, you represent and warrant that: a) the User Content you submit is original and was created solely by you (modifying, enhancing or altering a third party’s preexisting work does not qualify as your own creation); b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you) or, if the User Content does incorporate such material, that you have obtained all rights necessary to allow you to grant to the Licensees the rights granted herein; c) neither the User Content, nor the use of the User Content by the Licensees in accordance with this Agreement will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws or regulations; and d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age or of the legal age of majority in the jurisdiction in which you reside, except where prohibited or restricted by law, and have the right to enter into this Agreement.
CONTENT GUIDELINES: Photos must, be in .JPG or .PNG format and be no more than 10 MB in size. Photos deemed to be of an indecent or offensive nature, as solely determined by Licensees in their sole discretion, will not be eligible (see requirements below). By submitting a photo, each participant hereby warrants and represents that the upload conforms to the requirements set forth herein.
The following requirements apply to the Photo:
- Photo must be of a dog at least 12 months of age at the time of the Photo.
- Photo cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, or professional group, or of any sexual orientation, national affiliation, disability, or referential to any particular socioeconomic group or age group, nor can it be profane or pornographic, or reference nudity or any materially dangerous activity.
- Photo cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Photo cannot depict any cartoons, drawings, images, slogans, advertising copy, phrases and marks that identify a brand or any proprietary mark of any living person or deceased.
- Photo cannot promote any religious or political agenda or messages.
- Photo cannot be obscene or offensive or endorse any form of hate or hate group.
- Photo cannot defame, misrepresent or contain disparaging remarks about Zoetis or its products, or other people, products or companies.
- Photo cannot contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without written permission of the trademark owner, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses.
- Photo cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission, and cannot be in violation of any person’s rights of privacy or publicity, nor can it portray any person in a false light.
- Other than participant’s likeness, Photo cannot contain materials embodying the names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
- Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Licensees wish to associate.
- Photo cannot depict, and cannot itself constitute, a violation of any law.
- Photo cannot depict or suggest any direct competitors of Zoetis.
LICENSEES ARE UNDER NO OBLIGATION TO SCREEN OR MONITOR USER CONTENT BUT MAY REVIEW ALL USER CONTENT AND POST OR REMOVE SUCH USER CONTENT FROM ANY SOCIAL MEDIA SITE OWNED, ADMINISTERED, AND/OR MONITORED BY LICENSEES AT THEIR SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Licensees will make all determinations as to what User Content is appropriate in their sole discretion.
If you choose to submit User Content via a mobile device, STANDARD MESSAGE RATES AND DATA CHARGES APPLY. Please consult the terms and conditions of your individual service plan prior to participating via a mobile device. A mobile device is not required to participate.
NO EXPECTATION OF PRIVACY: USER CONTENT WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH USER CONTENT TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT LICENSEES THE RIGHT TO DISPLAY USER CONTENT (INCLUDING ANY CONTENT THAT INCLUDES SENSITIVE AND PERSONAL INFORMATION ABOUT YOU) ON ITS CHANNELS (AND THE RELATED RIGHTS CONTAINED IN THIS AGREEMENT), DO NOT SUBMIT A PHOTO TO PARTICATE AS SUBMISSION GRANTS LICENSEES PERMISSION TO USE THE USER CONTENT AS DESCRIBED ABOVE.
For the avoidance of doubt, by sharing User Content, each participant agrees that his/her submission of the User Content is gratuitous, unsolicited and without restriction, and will not place Licensees under any obligations other than those contained in this Agreement and that Licensees are free to disclose the ideas contained in the User Content on a nonconfidential basis to anyone or otherwise use the ideas therein without any compensation to the entrant. Each participant further acknowledges that Licensees do not waive any rights to use similar or related ideas previously known to Licensees, or developed by its employees, or obtained from sources other than the User Content. By submitting User Content, each participant acknowledges that he/she will not now or in the future be paid or compensated in any way for his/her User Content by the Licensees.
RELEASE: You hereby release, acquit and forever discharge, Company and its parent, affiliated, subsidiary and related companies, and their respective advertising or promotional agencies, and any promotional sponsors involved with Company’s websites and social media channels, and any Licensees hereunder (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with the terms of this Agreement. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with Company websites or social media channels or any related activity.
INDEMNIFICATION: Upon Company’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney's fees that arise from: a) your breach of any provision of this Agreement; b) Company use of User Content as approved by you; or c) your violation of any intellectual property right of another party. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
MISCELLANEOUS: This Agreement constitutes the entire agreement between Company and You. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. No waiver by Company under this Agreement shall be valid or binding unless set forth in writing and duly executed by Company. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of Company in any other respect or at any other time. Any delay or forbearance by Company in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors. Except as otherwise expressly provided herein, nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval. This Agreement shall be construed and enforced in accordance with the laws of New York, without regard to choice of law rules. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts located in New York County, New York, and Company and you both consent to personal jurisdiction and venue therein.
COMPANY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS & CONDITIONS WITHOUT PRIOR NOTICE.