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2013 MUTT-I-GREES "AMERICA ADOPTS" PSA CONTEST OFFICIAL RULES

2013 MUTT-I-GREES® "AMERICA ADOPTS" PSA CONTEST
OFFICIAL RULES
NO PURCHASE, FEE OR DONATION NECESSARY.
PURCHASE, FEE OR DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. ELIGIBILITY:
The Mutt-i-grees® "America Adopts" PSA Content (the "Contest") is open to Accredited Schools in the U.S. and the District of Columbia that educate children in any, or all, of the following Grades: Pre-K-12 ("Eligible Schools, "and individually "Eligible School"). An entry must be submitted by a School Administrator or Teacher (collectively known as "Authorized Representative") from an Eligible School as outlined below. North Shore Animal League America, The PetSavers Foundation, Inc., are the "Sponsor" and/or "Sponsors" of this Contest. Sponsors, including Yale University Child Study Center, The Cesar Millan Foundation, and their respective affiliates and subsidiary companies, advertising, website and promotion agencies, and persons engaged in the development of Contest materials and Contest activities, and members of their immediate family (parents, siblings, children and spouse, wherever they reside) or household members (whether or not related) of such employees, officers and directors, are not eligible to participate in the Contest. Contest is NOT open to members of the general public if not part of an Eligible School. Void in Puerto Rico and any and all other territories of the United States and where prohibited or restricted by law.

2. CONTEST PERIOD:
The Mutt-i-grees® "America Adopts" PSA Contest is scheduled to begin on 2/6/13 at 12 Noon (Eastern Standard Time) and end on 4/4/13, 12 Noon (Eastern Standard Time) (the "Contest Period").

3. HOW TO ENTER:
An Eligible School must create their entry in the following manner:

One (1) Mutt-i-grees® digital video Public Service Announcement ("PSA") with audible sound, that raises awareness of shelter pets, affects public attitudes, and "Convince Americans to adopt a pet from a Shelter" and including the Mandatory terms below ("Entry" and collectively, "Entries").

MANDATORY

When preparing a PSA, it is mandatory that the term MUTT-I-GREES® be used at least once in the PSA. Mutt-i-grees® is a term that refers to any dog, cat, puppy or kitten at a shelter or rescue group. Mutt-i-grees® is a term that was created to replace the negative term Mutts, and the name Mutt-i-grees® conveys the desirability of shelter dogs.

In a video with audio PSA, the MUTT-I-GREES® trademark can appear as a closing slide and the time allocated to this trademark language will not be counted as part of the 2 minutes maximum length of the PSA.

It is mandatory that the term SCOOBY-DOO be used audibly in the PSA and/or the image and likeness of the SCOOBY-DOO character. Approved images include:

  1. Original work of SCOOBY-DOO character art
  2. Official SCOOBY-DOO logo
  3. Pre-approved still character art

Please ensure that the teal SCOOBY-DOO dog collar and "SD" monogram are present in any original work. Artist waives any additional rights to future use of copyrighted material.

Use of pre-approved character art and logo may not be altered.

Permission is not granted by contest administrators for use of SCOOBY-DOO voice talent, music or video clips. Any additional rights must be secured by the entrants. Sponsor may require additional release waivers and proof of clearance of any non-original creative elements.

Applicants must include mandatory legal notice on title or end slate:

SCOOBY-DOO and all related characters and elements are trademarks of and © Hanna-Barbera. (s13)

Judges will be looking for a fresh, original and convincing approach to persuade Americans to adopt a pet from a Shelter, all encapsulated in a video with audio, a minimum of 60 seconds in length and no longer than 2 minutes in length.

All entries submitted must be in English, and must be the original creative work of the submitting Eligible School’s staff {that teaches in any or all of the following grades (Pre-K–12)} and students (in any or all of the following grades Pre-K–12). Any school staff that does not teach children in grades Pre-K–12, individuals or organizations outside of the Eligible School may not assist in the creation, development or submission of the Eligible School’s Entry. Additionally, any individuals depicted in an entry, either visually or in audio, must be the Eligible School’s staff (that teaches Pre-K-K, Grades 1-5, Grades 6-12 ) and/or students (in Pre-K-K, Grades 1-5, Grades 6-12 ) or staff at a local animal shelter. Videos can be modified by editing scenes and clips, and may be enhanced by the use of computer software programs for which the Eligible School has a software license. The original creative work submitted must be developed specifically for the 2013 Mutt-i-grees® Contest. This original creative work must not have been submitted to any other prior promotion or contest.

The video entry file submitted must be uploaded via www.education.muttigrees.org and cannot be more than 150MB in the following video formats: .avi; .flv; .wmv; .mov; .mp4; .ogg and a maximum of 2 minutes in playtime. The Video Title must include the following words "2013 America Adopts" – along with the school name (e.g. "2013 America Adopts – ABC Elementary School." Authorized Representative must also complete an online entry submission form, available at www.education.muttigrees.org and provide the information requested on the Entry submission form, including Video Title, complete name and address of the Eligible School and Authorized Representative’s complete name, phone number Category of video entered, and email address. When submitting the Entry submission form and before submitting the video PSA, Authorized Representative, on behalf of Eligible School, must certify that he/she has read and agrees to these Official Rules. Entries must be received by 4/4/13 by Noon (Eastern Standard Time) to be eligible for this Contest. Mailed in Entries or postage-due entries will not be accepted.

Each Eligible School may submit one (1) Entry per Category. There are three (3) Categories.

Category 1: Pre K – K

Category 2: Grades 1-5

Category 3 Grades 6-12

Each Eligible School may not submit more than three (3) Entries per school with such Entries being submitted by the Eligible School’s Authorized Representative. In the event that the same Eligible School submits more than one Entry per Category, the first Entry received will be considered eligible for the Contest, and any subsequent entries submitted by the same Eligible School will be ineligible and will not be considered. No form of Entry other than as stated in these Official Rules will be accepted. Entries that do not comply with these Official Rules will be disqualified. Once an Entry is submitted it cannot be changed, altered or modified, becomes the sole property of the Sponsor and will not be returned. Correspondence and inquiries concerning the Contest will not be acknowledged. Any Entry, which in the sole opinion of the Sponsor or its designee, is deemed to be inappropriate for publication will be disqualified. Entries (a) must be the original and sole creation of the Eligible School (as outlined above), and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting Eligible School; (b) may not have been submitted in any other competition; (c) may not have been published; (d) may not infringe upon any third party's rights, including but not limited to copyright, patent or trademarks/trade names/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person or entity in a false light; (e) may not violate any law, rule or regulation; (f) may not contain any computer virus, bugs, or other deleterious material; and (g) may not, for example but not limited to, contain nudity, profanity, defamatory statements, words or symbols widely considered offensive; and each Eligible School warrants and represents that their Entry complies with all of those conditions. Any non-complying Entries will be subject to disqualification. Entries cannot contain, among other things, the trademark, trade name or logo of any third party or entity or product, cannot name, depict or describe any person (living, dead, or fictional), and may not feature music that is subject to copyright protection, unless the Eligible School has the written permission to use such marks, images, music or other assets. Written permission must be submitted on or before 4/4/13 Noon (Eastern Time), and must be emailed to info@muttigrees.org. Notwithstanding the foregoing, the Sponsor may, in their sole discretion, disqualify an Entry for any reason. Entry must contain a complete list of all persons (that is, students (in grades Pre-K-12) and staff of Eligible School) involved in the preparation of PSA and submission of that Eligible School’s Entry.

The trademark MUTT-I-GREES® must be used in the Entry, with the understanding that the trademark may only be used for purposes of participation in the Contest and all rights to the trademark remain at all times the sole property of Sponsor. If the Entry includes the MUTT-I-GREES® trademark, the following legal text must be included as well: MUTT-I-GREES® is a registered trademark of The PetSavers Foundation, Inc., Port Washington, NY 11050 and is used with permission, or else the Sponsor may, in their sole discretion, disqualify that Entry.

Eligible School grants permission for the use of the Entry, and the Eligible School’s name to be posted on the Internet at the sole discretion of the Sponsor in connection with the Contest, and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor), and each Eligible School that submits an Entry warrants and represents that it has all right and authority to grant such permission, including but not limited to, permission from any individuals making the Entry, depicted in the Entry, and/or places featured in an Entry. By submitting an Entry, Authorized Representative further expressly acknowledges and agrees that he/she is aware of no law, regulation, policy, ordinance or the like which would prohibit the Eligible School from participating in the Contest or accepting a prize if selected as a winner. Notwithstanding anything to the contrary, however, there is no obligation of Sponsor, or any other person or entity to post or make any use of the Entry of any particular Eligible School and Sponsor’s failure to do so will not result in liability of any kind.

Any Eligible School that is selected to be a Potential Winner will be required to obtain written permission and/or provide releases and/or licenses and/or assignments from everyone involved in the development and filming and/or recording of the Entry (as applicable), and individuals depicted or featured (as applicable) in an Entry video (in both video and audio) or audio Entry, allowing Sponsor (at its sole discretion) to post the Entry and/or to otherwise use the Entry in accordance with the requirements of the Contest, its advertising, promotion, and publicity, and these Official Rules. In the case where a minor in his/her jurisdiction of residence is involved in creation of the Entry, the minor’s parent or legal guardian must sign and return the necessary permission/release/license/assignment. The form of any such permission, release, license or assignment will be as solely determined by the Sponsor. Failure by the Sponsor to request such permission(s), release(s), license(s) or assignment(s) is not a waiver of the Sponsor’s right to require same at a later time, and each Eligible School that submits an Entry acknowledges that failure to comply with any such request may result in disqualification of that Eligible School. By submitting an entry for Eligible School, Authorized Representative, on behalf of Eligible School, agrees to indemnify and hold harmless the Released Parties (as defined below) from any action or liability resulting from the posting or publishing of the Eligible School’s Entry and/or use of the Entry as otherwise permitted by these Official Rules.

The first 300 completed Entries, including a form and a video that is in compliance with the rules and regulations of this Contest will be eligible. All entries received after the first eligible 300 submissions will not be entered into the Contest and will be considered ineligible to win any prize.

4. PRELIMINARY JUDGING FINALIST DETERMINATION:

(a) Preliminary Judging will be accomplished to determine no greater than nine (9) Finalists:

Each eligible Entry received by 4/4/13 by Noon (Eastern Standard Time) (and as outlined above) from Eligible Schools will be judged by a judging panel selected by Sponsor and the judges' decisions (as well as those of Sponsor) are final and binding on all matters and are not subject to appeal. Preliminary Judging will be accomplished on or about 4/11/13 , based on the following criteria and with the following points available for each criterion: (1) Originality & Creativity of Entry (0-30 points), (2) Persuasiveness of PSA in Promoting Shelter Pet Adoption (0-60 points) and (3) Sincerity (0-10 points).

The three highest-scoring video entries per Category will be considered Finalists. In the event of a tie in any Category in the Preliminary Judging, the Entry with the higher/highest score in the "Persuasiveness of PSA in Promoting Shelter Pet Adoption " criterion (in that Category ) will be declared a Finalist for that Category . If a tie continues, the tied Entries (in that Category) will be re-judged by one (1) new Judge who will serve as the tiebreaker using the same criteria as stated above for the Preliminary Judging. In the event that there are less than three Finalists per Category, then the Contest will proceed with that number and there will be fewer than three awards given for that Category.

(b) Finalist Clearance:

Authorized Representative for Eligible School that submitted a Finalist Entry will be notified by mail, overnight mail, email or phone, or in such other manner as determined by Sponsor, on or about 4/12/13. Authorized Representative for Finalist will be contacted using the contact phone number and/or email address provided in the entry submission form. Authorized Representative will complete, sign and return a Finalist Agreement that will include an Affidavit of Eligibility, where lawful a Publicity Release, a Liability Release, Submission Release/Work Made for Hire Release and Rights Transfer, and such documents and releases as may be required, within seven (7) days of attempted notification. If these documents are not returned timely by Authorized Representative, or are returned to Sponsor as non-deliverable, or if a potential Finalist is found to be ineligible or not in compliance with these Official Rules, the Finalist status for the Eligible School may be forfeited without compensation of any kind.

5. FINAL JUDGING TO DETERMINE THE FIRST, SECOND, AND THIRD PRIZE WINNERS PER CATEGORY:
No greater than nine (9) Entries in total (and no greater than three (3) Entries per Category) will be judged on or about 4/21/13, by a Final Judging panel whose decisions are final and binding on all judging matters, based on the following criteria: (1) Originality & Creativity of Entry (0-30 points), (2) Persuasiveness of PSA in Promoting Shelter Pet Adoption (0-60 points) and (3) Sincerity (0-10 points).

The highest-scoring Entry in each respective Category in this Final Judging will be deemed the First Place Winner. The second highest-scoring Entry in each respective Category will be deemed the Second Place Winner. The third highest-scoring Entry in each respective Category will be deemed the Third Place winner. In the event of a tie in the Final Judging, the Entry with the higher/highest score in the "Persuasiveness of PSA in Promoting Shelter Pet Adoption" criterion will be declared the winner. If a tie continues, the tied Entries will be re-judged by one (1) new Judge who will serve as the tiebreaker using the same criteria as stated above for the Final Judging. There will be no more than three (3) winners per Category.

6. PRIZES:
Each First Place Winner will receive an educational grant for $2,500. A check will be presented at the school’s location by the Publishers Clearing House Prize Patrol, SCOOBY-DOO, and a representative from MUTT-I-GREES® on or about June 1, 2013. Each Second Place Winner will receive an educational grant for $1,500 in the form of a check to be received by the Second Place Winner before September 1, 2013. Each Third Place Winner will receive an educational grant for $1,000 in the form of a check to be received by the Third Place Winner before September 1, 2013. No more than nine (9) prizes will be awarded with a total value of $15,000. No substitution, cash redemption or transfer of prize permitted, except by Sponsor in its sole discretion, and in that event of unavailability or prize/prize component for any reason and only then for a prize/prize component of equal or greater value. All applicable taxes on the prize are the sole responsibility of Prize Winner Schools.

7. GENERAL CONDITIONS:
By entering, to the extent permitted by law, Authorized Representative, on behalf of Eligible School, releases and agrees to indemnify and hold harmless Sponsor, Yale University Child Study Center, Cesar Millan Foundation, Publishers Clearing House and other participating companies, and their respective parent companies, affiliates, subsidiaries, advertising, public relations and promotion, fulfillment and/or judging agencies, Promotion judges, and all of their respective officers, employees, directors, representatives and agents (individually "Released Party" and collectively the "Released Parties") from all liability, claims, actions, or proceedings, losses, injuries and damages to person(s), including death, and property damage, whether due to negligence of a Released Party, or the breach or failure of any representation or warranty, or obligation, or the violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity, slander, libel, or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize, or participation in this Contest, or participation in any Contest-related or travel-related activity. By participating, Authorized Representative, on behalf of Eligible School submitting an Entry grants (and agrees to confirm that grant in writing upon request) to Sponsor and those acting pursuant to the authority of Sponsor the right, in perpetuity, to the use of the names, voices, likenesses, photos, and pictures of all persons included in Entry submission, any and all Entry content (and notwithstanding anything to the contrary in these Official Rules, licenses the use of the Entry, which may be edited, modified, altered, changed, used alone, together or with other works, acts or content and/or used in distorted, illusory or composite form, with or without music, comment or commentary, with or without attribution, all as solely determined by Sponsor) at any time or times in all media now known or hereafter discovered or devised, worldwide, including on the Internet/World Wide Web, for advertising, commercial, trade and promotional purposes, without additional compensation unless prohibited by law, and without notice, review or approval. Each Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each Eligible School (acting through its Authorized Representative) irrevocably sells, assigns and transfers to Sponsor, all rights, title and interest in and to Entry, including but not limited to all copyright and trademark rights, and waives any rights of droit moral in favor or Sponsor, which Eligible School may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, Authorized Representative, on behalf of Eligible School that won a prize, shall execute and deliver such additional instrument of sale, transfer and assignment and droit moral waiver, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the subject Entry and of the copyrights, droit moral waiver, and trademarks transferred. In the event that the law requires that a winner receive compensation for such sale/transfer, the Winning School will receive the sum of $10, plus it will also have received other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Should Sponsor fail to request the said additional instrument of sale, transfer and assignment and droit moral waiver, as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request that instrument, and the stated winning Eligible School agrees to honor and comply with such request.

8. LIMITATIONS OF LIABILITY:
The Released Parties are not responsible for lost, late, incomplete, stolen, misdirected, or illegible Entries, mail or email, or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, Entry, or other information, or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to, or use of, the Web Site or any other web site. The Released Parties are not responsible for errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the prizes or in any Contest-related materials. The right is reserved by Sponsor and its designee at their sole discretion, to disqualify any Eligible School if individuals are found - or if the Sponsor reasonably believes same -, , to be tampering with the Contest or Web Site in any manner that directly or indirectly benefits such Eligible School, or to be acting in violation of the Official Rules. The Released Parties are not responsible for injury or damage to any Eligible School’s computer (or data/information contained thereon) related to or resulting from participating in this Contest or downloading or printing materials from the Web Site or use of the Web Site. If, for any reason, the Contest is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest and make the prizes available to Eligible Schools in a manner deemed by Sponsor to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on Web Site. By submitting an Entry for Eligible School, Authorized Representative acknowledges and agrees that Sponsor and its designees may create on their own or obtain submissions or otherwise obtain ideas, expression of ideas, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals that may be similar or identical to those contained in any Entry. Each Eligible School (acting through its Authorized Representative) hereby waives any and all claims it may have had, may have, and/or may have in the future, arising out or relating to the fact or contention that the ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals accepted, reviewed and/or used by Sponsor and its designees may be similar to the Eligible School’s Entry. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE CONTEST INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. DISPUTE RESOLUTION/CHOICE OF LAW:
To the fullest extent permitted by law, participants (i.e., Authorized Representative, acting on behalf of Eligible Schools) agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in Nassau County in the State of New York and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will participant (i.e., Eligible School and/or Authorized Representative of same) be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Sponsor and/or the Released Parties in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to New York’s principles of conflicts of laws/choice of laws.

10. PRIVACY:
The information provided will be subject to the Privacy Policy at www.AnimalLeague.org To read that Policy, access this web site and click on the "Privacy" link.

11. WINNERS LIST:
The names of the Eligible Schools that are , First, Second, and Third place winners will be available after June 2, 2013. To receive the Winners List, please send a self-addressed, stamped envelope, to be received by 4/1/13 by North Shore Animal League America to: 2013 Mutt-i-grees® PSA Contest, c/o NSALA, 750 Port Washington Boulevard, Port Washington, NY 11050.

Sponsors: The PetSavers Foundation, Inc. and North Shore Animal League America, Port Washington, New York 11050.

12. Automatic Entry into 2013 Mutt-i-grees® "America Adopts" Second Chance PSA Contest
All valid Entries into this Contest, excluding the nine schools who accept a prize from the 2013 Mutt-i-grees® "America Adopts" PSA Contest, will be automatically entered into the 2013 Mutt-i-grees® "America Adopts" Second Chance PSA Contest. Contest details will be announced at a later date in 2013. At that later date, all valid Entries of the Eligible School are deemed the consideration for any and all prizes to be awarded by the 2013 Mutt-i-grees® "America Adopts" Second Chance PSA Contest, and no further purchase, fee, or donation will be required of the Eligible School. Each Eligible School will also be furnished instructions on how it can opt out of the 2013 Mutt-i-grees® "America Adopts" Second Chance PSA Contest if they so desire.