Bob and Diane Hoover Annual Innovation Award Contest Rules

“DIANE & BOB HOOVER ANNUAL INNOVATION AWARD CONTEST”

OFFICIAL RULES

THESE OFFICIAL RULES (THE “RULES”), AS MAY BE AMENDED BY PETHEALTH SERVICES INC., AND PETHEALTH SERVICES (USA) INC., GOVERN THE “DIANE & BOB HOOVER ANNUAL INNOVATION AWARD CONTEST” (THE “CONTEST”) DESCRIBED BELOW. BY ENTERING THIS CONTEST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE RULES. IF YOU DO NOT AGREE WITH EACH PROVISION OF THESE RULES, YOU MAY NOT PARTICIPATE IN THE CONTEST.

This contest is managed and sponsored by Pethealth Services Inc., located at 700-710 Dorval Drive, Oakville, Ontario, L6K 3V7, Canada if the Participant is domiciled in Canada; and Pethealth Services (USA) Inc., located at 3315 Algonquin Road, Suite 450, Rolling Meadows, IL, 60008, United States of America if the Participant is domiciled in the United States of America (the “Sponsor”). The award will be presented in partnership with The Association for Animal Welfare Advancement (the “Association”).

PERIOD AND ELIGIBILITY

  1. The contest entry period commences on August 28, 2019 at 10:00 a.m. Eastern Time and concludes on October 1, 2019 at 12:00 p.m. Eastern Time (the “Contest Period”).
  2. The Contest is open to legal residents of Canada (excluding Quebec), the 50 United States, or the District of Columbia who:
    1. Have reached the age of majority in their province, territory or state of domicile at the time of entry;
    2. Are an employee or volunteer of a Canadian or U.S. based shelter, rescue, or other non-profit animal welfare organization that provides direct care to animals in need (the “Organization”);
    3. Have demonstrated innovation in the development or application of technology for use in enhancing shelter operations and advancement of animal welfare where the impact to shelter operations and animal welfare is measurable and scalable; and
    4. Have had their innovation implemented for use in animal welfare for at least one year prior to August 1, 2018.
    (the “Participant(s)”)
  3. The shelter, rescue or other non-profit animal welfare organization that the Participant is affiliated with does not need to be a PetPoint®, or Chameleon™ animal management software customer, or a member of the Association.
  4. Sponsor, the Association, and their respective officers, directors, employees and their immediate family members, and any entity involved in the implementation, administration, judging or fulfillment of the Contest are not eligible to participate.

HOW TO ENTER

  1. To enter the contest, the Participant must complete an online survey available at https://www.surveymonkey.com/r/2019BobDianeAward and submit an essay outlining how they have demonstrated innovation in the development or application of technology for use in enhancing shelter operations and advancement of animal welfare. The essay must include the following information:
    1. Information pertaining to the innovation, including an explanation of the history of the initiative, and any inspiration that went into the project;
    2. The nature of employment or volunteer activities the Participant engages in at their Organization;
    3. Any measurable data or proof of the impact the innovation has had in advancing animal welfare;
    4. When the technology had been implemented; and
    5. Information pertaining to ways the Participant(s) inspires, excites, creates strong values and engages with their Organization and the animal welfare community.
    (the “Entry/Entries”)
  2. In the event that a single Entry is co-authored and submitted by more than one (1) Participant, all Participant names linked to said Entry must appear within the submission survey and essay. The Entry must reflect the contributions of all Participants on the subject matter outlined in section 5. All Participants must meet the eligibility requirements outlined in Section 2.
  3. The Participant(s) must receive approval from an executive level director from their Organization prior to submitting their Entry. Further, the Participant(s) consents to the Sponsor contacting an executive level director from the Participant’s Organization to verify the accuracy and validity of the Entry.
  4. The Participant(s) warrants and represents that (i) they have the authority to make the statements, claims, or to provide any other information provided as part of the Entry (ii) any statements, claims, or any other information provided as part of the Entry is true and accurate.
  5. The Sponsor reserves the right to exclude any Entry on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Sponsor in their sole discretion.
  6. The Entry must be written in English, and be a maximum of five hundred (500) words. Sponsor reserves the right, at its sole discretion to disqualify any Entry not adhering to the format.
  7. The Participant(s) must provide their contact information within the submission survey, including their name, email address, telephone number, mailing address, and name of their Organization. The Participant(s) consent to be contacted by the Sponsor, via email, telephone and mail regarding the Contest if their entry is deemed the Finalist Entry or Winning Entry.
  8. All Entry submissions are final, and cannot be amended, modified or withdrawn after submission.
  9. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

HOW TO WIN

  1. Following the conclusion of the Contest Period, all eligible Entries received will be reviewed and judged by the Sponsor’s designated representatives based on predetermined, equally weighted Criteria. The ten (10) Entries receiving the highest number of points will be deemed Finalist Entries (the “Finalist Entry/Entries”) and will be passed on to the official Judge panel selected by the Sponsor. The Finalist Entry receiving the highest number of points by the Judge’s panel will be deemed the Winning Entry (the “Winning Entry”).
  2. The Entry will be awarded 1, 3, 5, 7, or 9 points for each of the following criteria: is/does the innovation in development or application of technology for use in enhancing shelter operations and advancement of animal welfare (i) unique, (ii) encourage action, (iii) tell a compelling story (iv) positively impact the shelter community (the “Criteria”). The Sponsor will not reveal the designated representatives, or Judge’s scores for any Entry.
  3. The Sponsor’s representatives will use the Criteria to select the Finalist Entries no later than October 18, 2019. The Participant(s) who’s Entry is deemed a Finalist Entry will be notified by the Sponsor on November 4, 2019 via email and/or telephone.
  4. The official Judge panel selected by the Sponsor will review and judge the Finalist Entries no later than October 31, 2019 using the Criteria. The Winning Entry will be announced by the Sponsor on November 20, 2019 at The Association for Animal Welfare Advancement Fall Conference. There will only be one (1) Winning Entry selected.
  5. In the event of a tie between any Finalist Entries, the Judge panel will conduct a vote in order to determine the Winning Entry.
  6. The Participant agrees that the Winning Entry is chosen at the sole discretion of the Sponsor’s Judge panel, and the decision in deeming a Finalist Entry as the Winning Entry is final.
  7. Applicable to Canadian residents: The Winner(s) will be required to answer a time limited mathematical skill testing question without assistance (including the use of electronic computing devices) in order to claim the Prize. If the Winner(s) fails to correctly answer the skill-testing question, the Prize will be forfeited and may, in the sole and absolute discretion of the Sponsor, be awarded to an alternate Finalist Entry in accordance with the applicable procedures outlined in these Rules.
  8. Sponsor reserves the right to disqualify any Participant and may refuse to award the Prize to anyone who is not eligible or has violated a rule, gained unfair advantage, or obtained winner status using fraudulent or illegal means.
  9. Odds of winning depend on number and quality of entries received.

LIMITATIONS ON ENTRIES

  1. LIMIT ONE ENTRY PER PARTICIPANT.

THE PRIZE

  1. The Prize will be awarded by the Sponsor to the Participant(s) who submitted the Winning Entry (the “Winner(s)”) and will consist of a cheque for $10,000 USD (the “Prize”). In the event that more than one (1) Participant submitted the Winning Entry, the Prize shall be evenly split between the Winners.
  2. The Prize will be awarded to the Winner(s) on November 19, 2019 at the annual Association Fall Conference, subject to the Winner(s) full execution of documents outlined in Section 34. Should the Winner(s) be unable to attend the conference, the Sponsor will make alternate arrangements with the Winner(s) to deliver the Prize.
  3. Any expenses related to the delivery of the Prize will be covered by Sponsor. All incremental expenses incurred in using, claiming, or in connection with the Prize or Contest are the sole responsibility of the Winner. The Winner shall not seek reimbursement for the expenses from the Sponsor.
  4. The Winner(s) is responsible for any provincial, territorial, state, or federal taxes associated with the Prize, including the filing of any applicable documentation.
  5. The Winner(s) agrees to accept the Prize “as is” and acknowledges that neither Sponsor nor administrator is in any manner responsible or liable for any warranty, representation, or guarantee relative to the Prize.

RIGHTS CLEARANCE

  1. Once submitted, all Entries become the sole property of the Sponsor and will not be returned for any reason. The Participant(s) agrees that the Sponsor and/or the Association may post the Entry on Sponsor or the Association owned or controlled websites, viewing galleries, social media platforms, and use the Entry as part of press releases. Further, submitting an Entry constitutes Participant’s waiver of all moral right in and to such Entry in favor of the Sponsor or anyone authorized by the Sponsor to use such Entry. The Participant(s) represent(s) and warrants that: (i) the Entry does not contain any material that is libelous, defamatory, profane or obscene, (ii) the Entry is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Participant(s) to the full extent necessary to enable the Sponsor to use the Entry as contemplated by these Rules; and (iii) the Entry does not infringe upon the intellectual property or other statutory or common law rights of any third party.
  2. By submitting the Entry to the Sponsor in connection with the Contest, the Participant(s) shall retain all right, title and interest (including copyright) in and to the Entry, and shall grant the Sponsor a worldwide, gratuitous, irrevocable, and exclusive license to copy, use, modify, reproduce, display, adapt and transmit the Entry for use in all media now known or hereafter devised in perpetuity beginning on the date of submission, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The Participant(s) hereby confirms that the Entry is an original work, solely created by the Participant(s), and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Entry or any part thereof. The Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liabilities shall remain with the Participant(s).

GENERAL TERMS AND CONDITIONS

  1. If the Participant is domiciled in Canada, these Rules shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its choice of law provisions and all disputes hereunder shall be subject to the jurisdiction of the courts of the Province of Ontario, Canada. If the Participant domiciled in the United States of America, these Rules shall be governed by the laws of the state of Illinois, and the laws of the United States of America applicable therein without regard to its choice of law provisions and all disputes hereunder shall be subject to the jurisdiction of the court of the State of Illinois, United States of America. In the event that a single Entry was submitted by more than one (1) Participant and where at least one (1) of the Participants is domiciled in a country different from the other Participant(s), these Rules shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its choice of law provisions and all disputes hereunder shall be subject to the jurisdiction of the courts of the Province of Ontario, Canada.
  2. The Sponsor assumes no responsibility for lost, late, stolen, misdirected, mutilated, incomplete, invalid, technically corrupted, unintelligible, postage due, garbled or illegible Entries, as well as any printing, administrative or other error of any kind in connection with the Contest. The Sponsor assumes no responsibility or liability resulting from user attempts to participate in this Contest, or from downloading, or attempting to download any information necessary to participate in the Contest including, but not limited to any 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 or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter or otherwise participate in the Contest, including any injury or damage to Participant’s or any other person’s computer or other device relating to or resulting from participating, or attempting to participate in this Contest. Proof of submission will not be deemed to be proof of receipt by Sponsor.
  3. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter the Contest may be required to show proof of being an authorized account holder and of his/her authorization to enter the Contest on behalf of the applicable Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Participant may be required to show proof of being an authorized account holder
  4. The Winner(s) will be required to complete, sign, and return an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document, as outlined by Sponsor unless prohibited by law. The documents must be returned to the Sponsor within ten (10) calendar days in order to claim the Prize
  5. By entering the Contest the Winner(s) agrees to the use of his or her name, location (city and province/territory/state), image and Organization name in any publicity material created by the Sponsor, whether in physical or electronic form.
  6. Information submitted with an Entry is subject to the Sponsor’s Privacy Policy which may be viewed at www.petpoint.com. By entering the Contest, the Participant(s) acknowledge that they have read and agree to the terms of the privacy policy and that the personal information, and any other information provided as part of this Contest will be maintained on the Sponsor’s server in accordance the Sponsor’s Privacy Policy.
  7. This Contest is in no way sponsored, endorsed or administered by, or associated with any other company. The Participants are providing information to Sponsor, and not to any other party.
  8. The Sponsor reserves the right to cancel, or amend the Contest, and these Rules at any time in the event of an anticipated breach of any applicable laws or regulations, any other event outside of the Sponsor’s control or in the event of insufficient number of entries received that meet the minimum judging criteria. Any changes to the Contest will be noted in these Rules.
  9. For a copy of these Rules or any legally required winner list, send a self-addressed, stamped envelope to Pethealth Services Inc., ATTN: Bob & Diane Hoover Innovation Contest, 700-710 Dorval Drive, Oakville, Ontario, L6K 3V7, Canada if you are domiciled in Canada; or Pethealth Services (USA) Inc., ATTN: Bob & Diane Hoover Innovation Contest, 3315 Algonquin Road, Suite 450, Rolling Meadows, IL, 60008, United States of America if you are domiciled in the United States of America. Requests for the winner list or Rules must be received within six (6) months of the end of the Contest Period. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. Vermont residents may omit return postages for rules requests.
  10. This Contest is void where prohibited or restricted by law.
  11. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
  12. For questions about participation, please email sean.tellis@pethealthinc.com.
  13. PetPoint®, Petpoint & Design, and related words and logos are registered trademarks and Pethealth Services Inc., and Pethealth Services (USA) Inc. Chameleon™, Chameleon & Design and related words and logos are a trademark of HLP Inc.

BY ENTERING THE CONTEST, THE PARTICIPANT(S) AGREES, ON BEHALF OF HIMSELF/HERSELF/THEMSELVES, HIS/HER/THEIR HEIRS, EXECUTORS, REPRESENTATIVES , ASSIGNS, ADMINISTRATORS, AND NEXT OF KIN TO INDEMNIFY, HOLD HARMLESS AND TO RELEASE PETHEALTH SERVICES INC., PETHEALTH SERVICES (USA) INC., AND THE ASSOCIATION FOR ANIMAL WELFARE ADVANCEMENT, THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARENT COMPANIES AND AFFILIATES OR SUBSIDIARY COMPANIES FROM ANY AND ALL LIABILITY OR ACTIONS OF ANY KIND WITH RESPECT TO OR IN ANY WAY ARISING FROM THIS CONTEST, PARTICIPATION IN ANY CONTEST RELATED ACTIVITY; AND/OR DELIVERY/MISDELIVERY, ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR PERSONAL INJURY, BODILY INJURY (INCLUDING WRONGFUL DEATH OR DISABILITY), DAMAGE TO PROPERTY AND DAMAGE OR LOSS OF ANY OTHER KIND.