DOGTOPIA + KONG’S NATIONAL PET MONTH SWEEPSTAKES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

1. Sponsors: The sponsors of this Promotion are, jointly, (i) Better Together, LLC, (ii) The Dogtopia Foundation, (iii) Dogtopia Enterprises Canada Inc., (iv) The Dogtopia Foundation Canada, and (v) KONG Company, LLC (collectively, the “Sponsor”).
2. Eligibility: This Promotion is open only to those who sign up at https://events.dogtopia.com/kongsweeps and who are a minimum of 18 years old as of the date of entry. The Promotion is only open to legal residents of the United States and Canada (excluding Quebec) and is void where prohibited by law. Employees of the Sponsor, and their affiliates, subsidiaries, advertising and promotion agencies, franchisees, suppliers, contest administrators, and any other parties engaged in the development, production, or distribution of Promotion materials (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, provincial, and local laws and regulations. Void where prohibited. Entrants who do not comply with any of the Promotion Rules are subject to disqualification by the Sponsor, in Sponsor’s sole discretion.
3. Agreement to Rules: By participating, the person submitting an entry to the Promotion, or having an entry to the Promotion submitted on their behalf (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sponsor as final and binding as it relates to the content of this Promotion.
4. Promotion Period: Entries will be accepted online starting on May 1, 2024, at 9 a.m. PDT and ending May 31, 2024, at 11:59 p.m. PDT. All entries must be received no later than the ending time.
5. How to Enter: The Promotion must be entered by submitting an entry using the online form provided at https://events.dogtopia.com/kongsweeps and by following @dogsofdogtopia and @kongcompany on Instagram (an “Entry”). Each Entry must fulfill all Promotion requirements, as specified, to be eligible. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You may enter only once per dog. You must provide all information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If we reasonably believe that You have used fraudulent methods or otherwise attempted to circumvent the rules, your submission may be removed from eligibility at the sole discretion of the Sponsor.
6. Winner Selection and Notification: Five Grand Prize winners (“Winners”, and each a “Winner”) will be selected in a random drawing to be held every Friday at 9 a.m. during the Promotion Period, from among all eligible entries received and who have not been selected as a Winner in a previous drawing. Odds of winning depend on the number of eligible Entries received. Prize drawing will be conducted by a representative of the Sponsor, whose decisions are final.Each Winner will be notified immediately after selection. Prize notification will be delivered by email. Further instructions will be provided to each Winner at time of prize notification. Return of any prize/prize notification as undeliverable, or inability of Sponsor to contact Winner within 2 business days following attempted notification may result in disqualification and selection of an alternate Winner by random drawing. Any difference between actual value of a prize and the approximated value of a prize as stated in these Official Rules will not be awarded.
7. Grand Prize: Five Winners will receive the grand prize package which includes a KONG prize package (the “KONG Prize Package”) and seven days of free dog daycare for one qualifying dog at a Dogtopia location (the “Daycare Package”). The KONG Prize Package includes shipping costs to the Winner’s address in the United States or Canada. The Daycare Package allows a single dog to attend daycare at a Dogtopia location for seven days beginning June 1. The Daycare Package is for daycare services only and excludes all other services offered by Sponsor or Dogtopia licensees or franchisees (each, a “Franchisee,” and collectively, “Franchisees”), including without limitation, boarding, training, retail products, spa services, or grooming. If the Winner’s dog does not pass the evaluation administered at the Dogtopia location (which shall be at the Franchisee’s sole judgment and discretion) or the Winner’s dog is not located within thirty (30) miles of a Dogtopia location, the Winner may transfer the Daycare Package to another pet parent of their choice (same evaluation restrictions apply).  Approximate retail value of the KONG Prize Package and the Daycare Package is USD$250. Prize value may vary depending upon the actual cost of toys for the size of the dog in the KONG Prize Package and designated Dogtopia location’s pricing. The Daycare Package and the KONG Prize Package cannot be used in conjunction with any other promotion or offer, including any offered by Dogtopia locations, and may not be separated. Except as expressly set forth herein, no substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Your acceptance of prize constitutes Your permission for Sponsor, Franchisees, and each their licensees, successors, and assigns (“Sponsor Parties”) to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
8. Odds of Winning: The odds of winning depend on the number of eligible entries received during the Promotion Period.
9. Skill-Testing Question: The Winner will be required, as a condition of winning, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered electronically.
10. Disputes Regarding Identity of Entrant. If the identity of an entrant selected as the Winner is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address entered at the time of entry. Before being declared the Winner, an entrant may be required to provide proof that they are the authorized account holder of the Instagram and email accounts associated with a selected entry.
11. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion should virus, lack of entrants, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotion rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
12. Rights Granted: By submitting the information necessary to enter the Promotion in accordance with the instructions, including, but not limited to, personal identification information, You understand and agree that anyone acting on behalf of Sponsor Parties shall have the right, where permitted by law, to print, publish, broadcast, distribute, create derivative works and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, dog’s name, portrait, picture, voice, likeness, image, statements about the Promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without providing you with any further compensation, notice, review, or consent. You consent to the Sponsor Parties doing or omitting to do any act that would otherwise infringe Your rights in their entries. Display or publication of any entry on a Sponsor’s website does not indicate Your entry will be selected as Winner. Sponsor Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor Parties from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which Sponsor Parties may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
13. Limitation of Liability: By entering the Promotion, You agree to release and hold harmless Sponsor, Franchisees and each their parents, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, members, shareholders, and directors (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim, damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your or Your assignee’s or invitee’ participation in the Promotion and/or acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Promotion entries or entry forms; or alteration of entries or entry forms. No Released Party shall be responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to Your or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Promotion.
14. Disputes: As a condition of participating in this Promotion, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Arizona having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion). You further waive all rights to have damages multiplied or increased. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND the State of Arizona, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
15. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Sponsor website. To read the Privacy Policy, go to: https://www.dogtopia.com/privacy-policy/
16. Licenses: By entering the Promotion, You grant an irrevocable, perpetual, worldwide non-exclusive license to Sponsor Parties to reproduce, distribute, display, and create derivative works of the entries in connection with the Promotion of the sweepstakes, in any media now or hereafter known, including, but not limited to publication in a magazine or online highlighting entries or the Winner of the Promotion.  You consent to the Sponsor Parties doing or omitting to do any act that would otherwise infringe Your “moral rights” in their entries.  Sponsor Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, You grant to Sponsor Parties the unrestricted right to use all statements made in connection with the Promotion, and pictures or likenesses of You, Your Dog, and any other participant in the media submitted with this entry, or choose not to do so, at their sole discretion. Sponsor Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
17. Releases: If the entry contains any material, images or elements that are subject to the rights of third parties, the entrant is solely responsible for obtaining any and all releases and consents for proof of entrants right to use such in the manner set forth in these Official Rules without additional compensation.  Any entry will be disqualified from the Promotion if such rights to use are not permitted by the third-party owner.  Upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed written license from the owner of any content included in the entry, authorizing the Sponsor to reproduce, distribute, display, and create derivative works of the entry in connection with the Promotion, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification and selection of an alternate Winner.   For the purposes of these Official Rules, the Entrants will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.
18. Right to Cancel or Suspend: If for any reason the Promotion is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Promotion. If Sponsor elects to cancel or terminate the Promotion, Sponsor will not retain any rights to the submitted information.
19. Rule Amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Promotion Rules, or modify, cancel, or suspend this Promotion, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Promotion.
20. Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans, and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the intellectual property owned by Released Parties without the express written consent of such Released Party is strictly prohibited.
21. Social Media Platforms: The Promotion hosted by Sponsor is in no way sponsored, endorsed, administered by, or associated with Meta.