Milwaukee Magazine’s Cutest Dog Contest
OPEN TO WISCONSIN RESIDENTS ONLY. VOID WHERE PROHIBITED.
The Milwaukee Magazine’s Cutest Dog Contest (the “Contest”) is an online contest for Wisconsin dog owners consisting of each qualified Entrant (an “Entrant”) submitting a qualified photograph (the “Photo”), and a qualified written description of the photograph (the “Description”), the Entrant’s required contact information, and a $25.00 entrance fee online at milwaukeemag.com/cutestdog. All Entrants will receive: (1) a free one-year subscription, or one-year extension of a current subscription, to Milwaukee Magazine; (2) a digital faux Milwaukee Magazine cover, delivered to Entrant as an emailed JPEG, featuring the entry’s submitted Photo and the name that the Entrant provides for the dog; and (3) entry of the Entrant’s qualified Photo and Description in the Contest. The Contest has five independent parts: (1) qualified entries may be submitted to and must be received by Milwaukee Magazine, as described below, between March 1, 2019 and April 15, 2019 (the “Entry Period”); (2) the qualified entries will be judged by independent judges selected by Milwaukee Magazine (the “Judges”) based on the following criteria, as described below: overall impact, clarity of expression, story telling of Description, and Photo quality (the “Judging Criteria”) (the “Initial Judging Period”); (3) the top fifty (50) entries selected by the Judges under the Judging Criteria will be judged by the public, as described below, under the Judging Criteria (the “Public Judging Period”); (4) the five (5) entrants selected by the public judging will be judged by the Judges under the Judging Criteria (the “Final Judging Period”); and (5) the entry receiving the highest scores under the Judging Criteria during the Final Judging Period will be the verified winner of the Contest, which Milwaukee Magazine will announce to the public. The winner of the Contest will receive the Puppy Prize Package and the winner’s dog will appear in a 2019 issue of Milwaukee Magazine, each as described below.
1. ELIGIBILITY: The Contest is open only to legal residents of Wisconsin as of March 1, 2019, who, at the time of entry and participation, are legal residents of Wisconsin and at least eighteen (18) years of age. The employees (including immediate family and household members) of Milwaukee Magazine, Quad/Graphics, Inc., Barkley Ventures, Inc., Central Bark Doggy Day Care, Submittable, Inc., and each of their subsidiaries, affiliates, parent companies, or any other company or individual involved in the Contest’s design, production, execution or distribution are not eligible. Participation constitutes a participant’s (including each Entrant’s, Judge’s, and public judge’s) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are and shall be final and binding in all respects. Sponsor reserves the right to disqualify any participant determined, in Sponsor’s sole judgment and absolute discretion, to be (a) tampering or attempting to tamper with the entry or judging process or the operation of the Contest; (b) violating the Official Rules of the Contest; or (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, harass or act fraudulently in any manner. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW OR REGULATION.
2. AREAS: The Contest is offered only in Wisconsin. All entries must be made in and from Wisconsin by residents of Wisconsin.
3. SPONSOR: The official contest sponsor is Milwaukee Magazine / Quad/Graphics, Inc., 126 N. Jefferson Street, Suite 100, Milwaukee, WI 53202 (“Sponsor”). All decisions regarding all matters and aspects of and relating to the Contest shall be made by Sponsor, in its sole and absolute discretion, and all such decisions shall be final, binding and conclusive. This includes decisions regarding the validity and eligibility of entries, Photos, Descriptions, and other materials submitted for verification, and the eligibility of participants and submissions. By entering this Contest, Entrant agrees to these Official Rules and to the binding, final and conclusive nature of Sponsor’s decisions.
4. CONTEST PERIOD; ENTRY PERIOD; Judging Periods: The Contest Period begins on March 1, 2019 at 12:00 a.m. Central Time (“CT”) and ends on May 1, 2019 at 11:59 p.m. CT (the “Contest Period”). Within the Contest Period, the Entry Period begins on March 1, 2019 at 12:00 a.m. CT and ends on April 15, 2019 at 11:59 p.m. CT; the Initial Judging Period begins on April 16, 2019 at 12:00 a.m. CT and ends on April 19, 2019 at 11:59 p.m. CT; the Public Judging Period begins on April 22, 2019 at 12:00 a.m. CT and ends on April 30, 2019 at 11:59 p.m. CT; and the Final Judging Period begins on April 30, 2019 at 12:00 a.m. CT and ends on May 1, 2019 at 11:59 p.m. CT. Sponsor’s computer system is the official time-keeping device for the Contest, except for the Public Judging Period, during which Submittable’s computer system will be the official time-keeping device for that period.
5. HOW TO ENTER: To enter, go to milwaukeemag.com/cutestdog and follow directions for entry. Entries must be manually keystroked by the Entrant. ENTRY MUST BE OF A DOG OWNED BY ENTRANT. Entrant may be required to provide Entrant’s name, the dog’s name, Entrant’s email address, mailing and residential address, Wisconsin location of submission, and other information determined appropriate by Sponsor, in Sponsor’s sole discretion. The use of automated entry devices or programs, or third-party entries by any method of entry, are prohibited. Entries that do not conform to or violate these Official Rules, or are submitted in any manner other than as stated in these Official Rules, will be disqualified. Proof of submission of entry does not constitute proof of receipt of same. Limit one entry per Entrant over the entire Contest Period.
Entry forms may also be obtained by sending a self-addressed stamped envelope to:
126 N. Jefferson Street, Suite 100
Milwaukee, WI 53202
Limit one entry form per request per mailing, and one entry per Entrant over the entire Contest Period. Information regarding obtaining entry forms is further available at 1-414-273-1101 and milwaukeemag.com.
All Entrants will receive a free one-year subscription, or one-year extension of a subscription, to Milwaukee Magazine, and an email attaching a JPEG of a faux Milwaukee Magazine issue cover with Entrant’s Photo and the name provided by Entrant for the dog appearing on it. Sponsor will also make a $5.00 (five dollar) donation to the Milwaukee Humane Society per qualified entry.
All entries, including, but not limited to, Photos and Descriptions, upon transmission, will become the full, sole, and exclusive property of Sponsor, and Entrant shall retain no rights with respect thereto, including, but not limited to, ownership, intellectual property rights, and rights of privacy or publicity.
6. JUDGING CRITERIA: Entries will be judged by the following criteria: (A) Overall Impact of Photo and Description (20%); (B) Clarity of Expression of Photo and Description (20%); (C) Story Telling Quality of Description (30%); and (D) Photo Quality (30%) (the “Judging Criteria”).
- A. OVERALL IMPACT OF PHOTO AND DESCRIPTION. The Photo and Description’s combined visual and language impact, including without limitation the overall message intended to be conveyed by the entry.
- B. CLARITY OF EXPRESSION OF PHOTO AND DESCRIPTION. The extent to which the Photo and Description communicate the dog’s uniqueness and most outstanding quality.
- C. STORYTELLING OF DESCRIPTION. The extent to which the Description conveys the dog’s personality and uniqueness. The Description is limited to fifty (50) words.
- D. PHOTO QUALITY. The Photo should be well lit and in focus, with the dog as the focal point. The dog should be portrayed clearly and vividly.
Each Photo must include only one (1) dog and may not include any person or part of a person. By entering the Contest, Entrant represents and warrants that Entrant is the owner of the dog pictured, and that Entrant is the person taking the Photo and writing the Description. Entrant further represents and warrants that Entrant’s entry was created and submitted in and from Wisconsin, and that the email used for entry is owned by the Entrant. Entrant further represents and warrants that Entrant has ownership and sole and exclusive license, intellectual property rights in and to the dog pictured, the Photo, and the Description; and that no third-party has any license or intellectual property rights in and to the dog pictured, the Photo, the Description, or any other aspect of the entry. Sponsor, in its sole discretion, may disqualify any entry which, in its sole discretion, it determines does not comply with this provision or otherwise violates the Official Rules.
7. JUDGES: The following will constitute the Judges for the Initial Judging Period and Final Judging Period of the Contest: Paul Higgins, Art Director, Milwaukee Magazine; Lindsey Anderson, Culture Editor, Milwaukee Magazine; Chris Drosner, Executive Editor, Milwaukee Magazine; and Kelly Rippl, Senior Graphic Designer, Milwaukee Magazine. For the Final Judging Period of the Contest, Jessica Whitney, Owner, Central Bark Doggy Day Care—Brookfield, will also be a Judge.
8. VOTING: After the Entry Period, judging will be conducted as follows:
- A. INITIAL JUDGING PERIOD. The Judges will judge each qualified entry under the Judging Criteria during this judging period. Based on the Judges’ sole discretion, up to the top-fifty (50) entries will proceed to the Public Judging Period. Sponsor will notify such top-fifty (50) Entrants by email, to the email address provided by Entrants, on or before April 21, 2019.
- B. PUBLIC JUDGING PERIOD. The fifty (50) entries described above will be subject to public judging under the Judging Criteria during the Public Judging Period. Each public participant must use the Submittable platform to view and judge each and all such entries based on the Judging Criteria. The public participant must select any or all entries that meet the threshold for the Judging Criteria that such participant determines to qualify an entry to be a finalist in the Contest. The top-five (5) qualified entries from the Public Judging Period will proceed to the Final Judging Period. Sponsor will notify the five (5) finalist Entrants by email, to the email address provided by the Entrants, on or before May 1, 2019.
- C. FINAL JUDGING PERIOD. The Judges will judge each of the top-five (5) qualified entries under the Judging Criteria during the Final Judging Period and will determine one (1) winner. Sponsor will notify the winner by email, to the email address provided by the Entrant, on or before May 10, 2019.
All decisions of the Judges are final. In the event of a tie at any point during the Contest Period, the Judges will evaluate the tied entries, under the Judging Criteria and, in their sole discretion, break the tie.
9. NO TRANSFER: Entries, judging, and/or public judging cannot be sold, traded, bartered, assigned or transferred to, or shared with, a third party, auctioned through online auction sites, or otherwise obtained through any methods and/or means other than as described in these Official Rules. Noncompliant entries, judging, and/or public judging are null and void.
10. WINNER VERIFICATION: ALL ENTRANTS, INCLUDING THE CONTEST WINNER, ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE AND SHALL BE FINAL, BINDING AND CONCLUSIVE IN ALL RESPECTS. Eligibility for the winning prize is conditioned on the full, complete, and continued compliance with these Official Rules. The potential winner will be notified, by email using the email address provided by participant at the time of entry, that his or her entry has been selected. To be eligible, every potential winner must complete, sign and return to Sponsor or Sponsor’s designee, within five (5) business days after email notice is sent to potential winner at the email address provided by entrant at the time of entry, an affidavit and other eligibility verification documents, as required by Sponsor in Sponsor’s sole and absolute discretion. Proof of eligibility may include, without limitation and in Sponsor’s sole and absolute discretion, name, address, telephone number, date of birth, and email address. Potential winner will be deemed ineligible for entry and for prize if he or she cannot be contacted at the listed email address (including if notification attempts are returned undeliverable), fails to timely, properly and fully complete, sign and return required documents, and/or provides incomplete or inaccurate information; and/or if Sponsor determines for any reason, in Sponsor’s sole and absolute discretion, that individual is not an eligible participant. If that occurs, the second-highest scoring entry from the Final Judging Period will be determined as the winner.
11. PRIZE: Only one prize will be awarded. The prize cannot be sold, traded, bartered, assigned or otherwise transferred. No substitution, cash redemption, assignment or transfer of the prize is permitted, except that Sponsor, in Sponsor’s discretion, may substitute the prize with another prize of greater or equal value.
Sponsor makes no representation or warranty as to the prize, or any component thereof. The winner shall make no claim against Sponsor regarding the prize, but will look solely to manufacturer(s) regarding a warranty, if any. The prize will be sent to winner within ninety (90) days after Sponsor receives completed, signed, proper and compliant verification of winner’s eligibility.
The prize is:
- A. a Puppy Prize Pack from Fromm Family Pet Food with a total approximate value of $75.00 (seventy-five dollars) that may include dog food, a voucher to use at a local retail store, and/or additional merchandise, determined by Fromm at its sole discretion.
- B. The appearance of the dog of the winning entry in a 2019 issue of Milwaukee Magazine, which such appearance determined by Milwaukee Magazine at its sole discretion. In connection with such appearance, the winner agrees to provide a reasonable interview to Milwaukee Magazine at no cost to Milwaukee Magazine or additional remuneration to winner. Winner shall retain no rights with respect such interview or appearance, including, but not limited to, ownership, intellectual property rights, and rights of privacy or publicity.
12. TAXES: Sponsor recommends that participants review the Contest with their legal/tax advisor to determine their potential tax liability, if any, in connection with participating in and/or receiving prizes as part of this Contest. Sponsor makes no representations, and disclaims any and all liability, regarding any tax implications of participating in the Contest, including the receipt of any prize thereunder. Tax and other financial liability, if any, will be the sole liability and responsibility of participant, and Sponsor shall have no liability therefore.
13. LIMITATIONS OF LIABILITY: Sponsor, its parents, subsidiaries and affiliates, and their employees, agents, representatives, and shareholders are not responsible for stolen, late, incomplete, illegible, inaccurate, incorrect, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due, garbled, imaged, or scanned entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failure or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries and/or emails, the announcement of any prize or in any Contest-related materials, and/or or the cancellation or postponement of any event or exhibition, including any judging and/or announcement. Sponsor, its parents, subsidiaries and affiliates, and their employees, representatives, shareholders, and agents, are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking or by any equipment or programming associated with or utilized in the Contest. Sponsor, its parents, subsidiaries, and affiliates, and their employees, representatives agents, and shareholders are not responsible for injury or damage to participants’ or to any other person’s computer and/or wireless devices related to or resulting from participating in this Contest, or downloading materials from or use of the website. Sponsor, its parents, subsidiaries and affiliates, and their employees, representatives and agents, are not responsible for injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor, its parents, subsidiaries or affiliates, or their employees, representatives or agents, or who are in violation of these Official Rules, as solely determined by Sponsor in its absolute discretion, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor, its parents, subsidiaries and affiliates and/or their respective agents. Sponsor shall have the sole and absolute right to disqualify any participant, entry or Entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole and absolute discretion. Sponsor, its parents, subsidiaries, affiliates, and their employees, agents, representatives, and shareholders: (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (ii) disclaim any implied warranty.
14. MODIFICATION: If for any reason Sponsor determines, in its sole and absolute discretion, that the Contest, or any aspect of the Contest, is not or is no longer capable of running as planned or intended by these Official Rules, for any reason whatsoever, Sponsor, in its sole and absolute discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Contest in whole or in part, including without limitation any means of entry, at any time. Such reason(s), in Sponsor’s sole and absolute discretion, may include but are not limited to any occurrences which may corrupt or impair the integrity, security, fairness or proper conduct of the Contest, as determined by Sponsor in its sole and absolute discretion. Sponsor may modify and amend these Official Rules as they appear from time to time during the Contest for clarification purposes without materially affecting the terms and conditions of the Contest. In the event that this Contest is cancelled or terminated, Sponsor will notify and refund each Entrant the entry fee.
15. CONDUCT: By participating in this Contest, all participants (including entrants and public judges) agree to be bound by these Official Rules, their declarations and other documents verifying eligibility, and the decisions of Sponsor, which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. CAUTION: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
16. DECLARATIONS; RELEASES; CONSENT TO USE: All participants agree to comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding, final and conclusive in all respects. As a condition to collecting the winning prize, the Contest winner must completely, fully and accurately execute the Contest Declaration of Eligibility, Waiver of Liability and Release. This document is available upon request, and shall be provided to the Contest winner at the time the winner is selected. The Contest winner will be required to produce identification. By participating in the Contest and submitting an entry, all Entrants and participants agree to (a) release Milwaukee Magazine, Quad/Graphics, Inc., Barkley Ventures, Inc., Central Bark Doggy Day Care, Submittable, Inc., each Judge, their parents, subsidiaries, affiliates, and advertisers, and each of their employees, agents, shareholders, and representatives (collectively the “Released Parties”), from any and all liability, claims, actions and/or expenses (including without limitation reasonable attorneys fees) of any kind whatsoever for injuries, damages, or losses of any kind to any persons (including third-persons) and/or property which may be sustained in connection with participation in the Contest, including as to all Photos and Descriptions, the acceptance, receipt and/or or use of any prize; and (b) indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, actions and/or expenses (including without limitation reasonable attorneys fees) of any kind whatsoever arising out of and/or or relating to such entrant’s participation in the Contest, including as to the Photos and Descriptions, and the acceptance, receipt and/or or use of any prize.
By participating in the Contest, all participants (including Entrants and public participants) consent to the use of their Photos, Descriptions, names, pictures, or other likenesses (without compensation, review or approval) for promotional purposes as determined, in its sole and absolute discretion, by Sponsor in connection with this Contest for public relations, advertising and Contest purposes. Except where prohibited by law, all participants grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Contest website and/or any Sponsor and/or affiliate websites), the Photos, Descriptions, and participant’s name, address, voice, statement(s), picture(s) and/or other likeness, without compensation, review or approval, in connection with this Contest for public relations, advertising and Contest purposes, as may be determined by Sponsor in its sole and absolute discretion.
All participants (including Entrants and public participants) consent to Sponsor’s (including Milwaukee Magazine’s), Barkley Venture, Inc.’s, and Central Bark Doggy Day Care’s use of the participant’s email for future marketing, unless participant desires to opt-out of said consent, in which case, click here or call 1-414-273-1101. Participant’s consent is not required to participate in this Contest.
17. PUBLIC JUDGES: Any member of the public participating in the Public Judging Period of this Contest shall be deemed, by said participation, to agree to be bound by and subject to these Official Rules, the Judges’ decisions, and Sponsor’s decisions. A public participant must be a Wisconsin resident, over the age of 18 at the time of judging, and provide judging only once per each of the top fifty (50) entries.
18. DISPUTES: Any dispute arising out of or connected with the Contest, including without limitation, any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively in the Circuit Court of Waukesha County, Wisconsin, or, if applicable, in the federal district court in which such county sits. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest’s Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. In the event of any dispute, under no circumstances shall Entrant and/or participant recover anything other than actual out-of-pocket costs incurred in entering this Contest; without limitation, there shall be no equitable or injunctive relief and no recovery of incidental, consequential, increased, multiplied or punitive damages, or attorneys fees. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR REMEDIES, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT AND/OR PARTICIPANT.
19. CONTEST RESULTS: For a list of judging results, entrants who advanced at each level, and winner, which will be available on or after May 10, 2019, mail a request and self-addressed stamped envelope to:
126 N. Jefferson Street, Suite 100
Milwaukee, WI 53202