The Washington Lottery "Cats vs. Dogs" Photo Contest
Please read these rules before entering the Contest. By entering and participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
No purchase required to enter. You must be 18 or older to enter the Contest.
1. Eligibility. Participation in the Washington Lottery "Cats vs. Dogs" photo contest ("Contest") is open only to legal residents of the state of Washington who are age 18 or older at the time of entry. If you are not a Washington state resident or are under 18, you may NOT enter the Contest. Void outside Washington state and where prohibited or restricted by law. Employees, officers and directors of Washington's Lottery or its advertising and promotions agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
2. Start/End Dates. (i) Entry Contest entry begins at 9:00 a.m. Pacific Time ("PT") on July 1, 2013 and ends at 5:00 pm PT on July 28, 2013 ("Contest Entry Period"); (ii) Voting - Public voting on the Photos will take place between July 29, 2013 at 9:00 a.m. PT and August 4, 2013 at 5 p.m. PT (the "Contest Voting Period").
3. How to Enter. To enter the Contest you must take an original photograph of either i) a cat, or ii) a dog (your "Photo") and submit your Photo by going to www.walottery.com/catsvsdogs during the Contest Entry Period and following the directions to upload your Photo along with the Contest form provided.
All Photos must adhere to the theme and must adhere to the Guidelines and Restrictions set forth in these Official Rules. By submitting a Photo, each entrant warrants and represents the following with respect to their Photo: (a) entrant is the sole and exclusive owner of the Photo; (b) the Photo is 100% original and (c) their Photo will not infringe on, or include any content that may infringe on, any rights of any third parties, including but not limited to any third-party copyrights, trademarks and/or rights of publicity/privacy.
The photo must:
- Include a cat or a dog, but not both;
- Be in color;
- Be in a format suitable for upload on the website; and
- Be an original, unpublished work
Photo Content Restrictions:
The photo must not:
- Include more than one animal;
- Include any animal other than a cat or a dog;
- Include an image of any person, including you;
- Contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement or trademark infringement;
- Contain images or artwork not created by entrant;
- Contain material that is inappropriate, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous;
- Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain material that promote a commercial/business enterprise, a charity, political, religious (or other) cause;
- Contain material that portrays or references or describes alcohol or drug use, weapons or firearms, or that portrays or implies illegal activity of any kind by an entrant or any other individual; or
- Contain material that promotes illegal forms of gambling or sports betting.
Sponsor, Washington's Lottery, a state government agency hereafter referred as Sponsor, in its sole discretion, may reject any entrant's entry and disqualify him/her from the Contest if Sponsor believes, in its sole discretion, that entrant's Photo fails to conform to the Guidelines and Restrictions or is otherwise unsuitable for public viewing or not in the spirit of the Contest.
All entrants must have a valid email address. A Cat or Dog may be entered only once. All entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed registrations and conforming Photos are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Selection of the Top 6 Photos (Winners). All Photos submitted will be screened and posted into the design gallery. The top Photos will be determined by public voting. To vote a person must visit http://walottery.com/catsvsdogs during the Contest Voting Period and follow the voting instructions. Voters may submit one (1) vote per entry per calendar day during the Public Voting Period. All votes must be received by 5 p.m. August 4, 2013. Any attempt to vote other than as described herein shall be null and void. If an entrant or an entrant's Photo is found to be ineligible or otherwise does not comply with these Official Rules, such entrant may be disqualified. The six (6) Photos (3 cat Photos and 3 dog Photos) will be determined by the highest number of votes via the public voting described above; subject to verification by Sponsor and compliance with these Official Rules. Ties, if any, will be resolved by Sponsor. All Photos should be judged based on the following judging criteria: (a) captures the theme (weighted 70%), and (b) photo quality (weighted 20%) and (c) originality (weighted 10%).
5. What Will Happen to Winning Photos (Prize). The top six (6) Photos (top three (3) cat Photos and the top three (3) dog Photos) will be used by Sponsor as the design on a publicly available Washington's Lottery Scratch ticket scheduled to be on sale beginning November 18, 2013. Each potential winner and winner's Photo must clear all legal checks and verifications performed by Sponsor and its agents in order for winner's Photo to be used as the art design on a lottery ticket. Sponsor reserves the right to modify or alter the winning Photos for use on the lottery ticket in its sole and absolute discretion without review or approval by winner. No compensation will be given to winners who submitted the photos.
6. Notification. Winners will be notified by email and shall be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within seven (7) days of selection notification. If winner cannot be contacted within five (5) days and Lottery has not received the Affidavit of Eligibility and Liability/Publicity Release, or in the event of noncompliance with these Official Rules, the selection will be forfeited and an alternate winner will be selected, time permitting. Upon selection forfeiture, no compensation will be given.
7. License/Usage/Likeness. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules, which will be final and binding in all matters relating to the Contest. By entering a Photo in the Contest, each entrant grants Sponsor and its agents an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license (with the right to sub-license) to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense or otherwise commercially and non-commercially exploit the Photo. Photos may be edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor's sole and absolute discretion. Entrant understands that Photo will be displayed for public viewing as part of the Contest. In addition, by entering, entrants agree to the use by Sponsor and its representatives of their names, likenesses, biographical information, Photos and/or statements for purposes of advertising, trade, or promotion without compensation, unless prohibited by law. As a condition to having the winning photo printed on a scratch ticket, winner will be required to transfer and assign all of their respective rights, title and interest, including but not limited to any copyrights or trademarks, in the Photo or any picture, image or other intellectual property included therein. The transfer and assignment of winner's rights shall be in writing.
8. Release. By participating, entrants and winners agree to release and hold harmless Sponsor and its contractors, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, and each of their employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death resulting in whole or in part, directly or indirectly, from participation in the Contest and/or use of the Contest Website or any Contest-related website, or related to the Sponsor's game play, including, without limitation, related directly or indirectly from lottery play, lottery related winnings or lottery related costs, expenses or losses. Entrants and winner also agree to indemnify Sponsor and its contractors against any third party action or claim brought against them alleging infringement of any third party's intellectual property, trademark or copy rights or publicity rights based on the use of the Photo or ticket design by Sponsor.
9. Nature of Relationship/Waiver of Equitable Relief. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor and its contractors is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to submit the Photo for purposes of the Contest does not place the Sponsor and its contractors in a position that is any different from the position held by members of the general public with regard to elements of the entrant's entry. Each entrant understands and acknowledges that the Sponsor and it contractors have wide access to ideas, stories, designs, photographs, paintings and other materials, and that new ideas are constantly being submitted to Sponsor and its contractors or being developed by their own employees. Each entrant also acknowledges that many ideas or designs or photographs may be competitive with, similar or identical to the Contest entry and/or each other in theme, idea, layout, lighting, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of the Sponsor and its contractors' use of any such similar or identical material that has or may come to the Sponsor and its contractors, or any of them, from other sources. Each entrant acknowledges and agrees that the Sponsor and its contractors do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Sponsor and its contractors claimed copyright in and to the ticket design using the Photo. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of the Sponsor and its contractors actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. Additional Terms. In case of dispute as to identity of entrant, submission will be deemed made by the name appearing on the online registration form. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Sponsor and its contractors are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In case of termination, Sponsor will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE SPONSOR AND ITS CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST.
12. Disputes. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of Washington.
14. Sponsor. Washington's Lottery, 814 E 4th Avenue, Olympia, WA 98506