OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
- How to Enter: The National Dog Day Giveaway (the “Promotion”) begins at 9:00 a.m. Eastern Time (“ET”) on August 26, 2021 until 11:59 p.m. ET on September 9, 2021 (the “Promotion Period”). All entries must be received by the end time and date of Promotion Period to be valid and eligible. Eligible entrants may enter the Promotion during the Promotion Period by following the below instructions (hereinafter an “Entry”):
- Visit the Discovery Plus Instagram Account, accessible at page (https://www.instagram.com/discoveryplus/).
- Entrants must: (i) follow the Discovery Plus Instagram Account (i.e. @discoveryplus); (ii) post a photo of entrant’s dog watching Discovery Plus in front of a television or other screen; and (iii) tag @discoveryplus and include the hashtags #discoverypluspups and #sweepstakes in the post.
Incorrect or incomplete entries are void and will not be eligible. These Official Rules are also available at the Discovery website (discovery.com/national-dog-day-kit) (the “Website”). There is a limit of one (1) Entry per eligible person, per Promotion Period. If multiple entries are received, only the first Entry will be accepted and additional entries will be disqualified. Multiple entrants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) Entry per Promotion Period by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant and such individual must comply with these Official Rules. 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. Potential winners may be required to show proof of being the authorized account holders.
If your Instagram Account is set to “private”, your post may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Promotion.
Note: In order to access the Website and in an effort to optimize the Website’s user experience, ad blocking software on your computer may need to be disabled.
- Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of the Promotion start date. Void where prohibited. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
- Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, photograph, likeness, statements, biographical information, voice, Entry, and state of residence for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
- Limitations of Liability: Discovery Communications, LLC (“Sponsor”), Instagram, LLC, and other participating entities (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, prize suppliers and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all entries become the property of Sponsor and will not be returned. Sponsor reserves the right to conduct a background check on any potential winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential winner might reflect negatively on Sponsor or any of the Promotion Entities. Failure by potential Prize Winners to agree to a background may also result in disqualification. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- How Winners will be Determined: Five (5) prize winners (each a “Prize Winner”) will be determined from the eligible entries submitted during the Promotion Period. Prospective Prize Winners will be selected in a random drawing on or about September 10, 2021. Prospective Prize Winners will be contacted by Instagram direct message within three (3) business days following the drawing. Sponsor’s decisions with respect to winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding.
The prospective Prize Winners will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of its issuance of the prize notification. If Sponsor is unable to contact the prospective Prize Winner within three (3) days from first notification attempt, if the prospective Prize Winner fails to complete and return all requested forms by the specified date, if the prospective Prize Winner does not pass Sponsor’s background check (in its sole discretion), or if the prospective Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Prize Winner shall be selected. The odds of winning depend upon the number of eligible entries received.
- Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an email address, the winning Entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Prizes: Each Prize Winner will win (the “Prize”) one (1) Dog Swag Kit made up of various products, including a tote, a pet camera, a dog bowl, pet bandana, ball launcher, and pet treats. Approximate Retail Value (“ARV”) of each Prize: $350.00. ARV of all Prizes in this Promotion: $1750.00.
The specifics of all aforementioned elements of the Prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Prizes not specifically addressed above are the sole responsibility of the respective Prize Winner. All federal, state and local taxes on the Prizes are the respective Prize Winner’s responsibility. Prize Winners may be issued a 1099 tax form for the actual value of the Prizes.
Prizes cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prizes, or portions thereof, with a prize of equal or greater value.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of New York. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York County, New York, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
- Winners List: Beginning on or about October 9, 2021 you may obtain the names of the Prize Winners by going to the Website.
- Sponsor: Discovery Communications, LLC, 230 Park Avenue South, New York, New York 10003.
- Trademark Attribution: Discovery® and Instagram® trademarks are trademarks of their respective owners. The Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram, LLC. You are providing information to Sponsor and not to Instagram, LLC.
The Promotion and all accompanying materials are © 2021 Discovery Communications, LLC.