Official Rules & Terms
Last updated September 6, 2018
Subject to these Official Rules, the Challenge is open to all users of the Walk for a Dog mobile application, all of whom are at least 18 years old as of the date of entry. Employees of WoofTrax or Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Challenge, and their immediate family members or household members are not eligible to participate in or win the Challenge.
HOW TO ENTER:
No purchase or payment is necessary to participate in the Challenge. During the Entry Period, enter the Challenge through the challenge tab of the Walk for a Dog mobile application.
WoofTrax expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
- All users who complete the challenge will receive free shipping on a WoofTrax T-Shirt in the WoofTrax store. Users who complete the challenge are also eligible to have one of their walks chosen as a winning walk.
- Prizes associated with a winning walk may be a donation from WoofTrax to the animal non-profit the user lasted walked for during the challenge. If at the time of awarding it is determined by WoofTrax that the animal non-profit is no longer in operation or no longer has non-profit status as determined by the Internal Revenue Service, WoofTrax in its sole discretion may award the prize to another animal non-profit of its choosing.
- Prizes associated with a winning walk may also be merchandise or other goods of value sent by WoofTrax, or the challenge sponsor, to the user who completed the winning walk. The user will forfeit any earned prizes if they do not respond to the emailed notification of having a winning walk within 7 days of receiving the notification from WoofTrax.
- WoofTrax, in its sole discretion, will select the winning walks in the challenge.
Decisions of WoofTrax are final and binding with respect to all matters related to the Challenge. In no event shall WoofTrax be obligated to award any Prizes other than the Prize specified in the challenge rules. The Prize is non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winner shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, if applicable.
The Challenge will be conducted under the supervision of WoofTrax. The decisions of the WoofTrax are final and binding in all matters relating to this Challenge. Winner will receive, via email, a notification from WoofTrax upon completion of the Challenge, however, WoofTrax reserves the right to determine an alternate method of notification.
GENERAL CONDITIONS AND RELEASES:
By entering the Challenge or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to WoofTrax, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor's sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address and birthdate in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, photograph or likeness of your pet, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner WoofTrax deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner's name on a winner's list).
An entrant or winner may be disqualified from the Challenge if he or she fails to comply with each provision of these challenge rules, as determined in the sole discretion of WoofTrax. Participation in the Challenge is at entrant's own risk. WoofTrax shall not be liable for: any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Challenge; (4) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Challenge.
Notwithstanding anything else herein or otherwise, WoofTrax and/or its vendors shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for (a) any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits), (b) data loss or cost of procurement of substitute goods or services, and/or (c) any matter beyond such parties' reasonable control.
By entering the Challenge, you agree to and hereby do release and hold harmless WoofTrax, and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from your acceptance, possession and/or use of any Prize or your participation in this Challenge, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Challenge may be prosecuted to the full extent of the law. WoofTrax reserves the right to modify these Official Rules in any way or at any time. This Challenge shall be governed by Delaware law, without regard to conflicts of laws provisions. By participating in this Challenge, you agree that any dispute or litigation arising from or relating to this Challenge shall be determined by binding arbitration only in Delaware, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, WoofTrax may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.