|1. Terms of website use
2. Information about us
(‘the Site’) is a site operated by eContest Inc ("We"), a company registered in the BVI under the BVI Company Number 1058554 having their registered office at
90 Main St, Road Town, Tortola, British Virgin Islands.
3. Accessing our site
3.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.5. On provision of a valid email address, users of the Site can register for free membership of the Site. By so doing, users will become ‘Members’ of the Site.
4. The 2007 Photo Contest (‘the Contest’)
4.1. The 2007 Contest begins on 1st November 2006 and ends on 31st October 2007.
4.2. The duration of time from the beginning of a contest to the end shall be known as the ‘Contest Period’.
4.3. The Contest is a tournament style pet photo contest created by and available on the Website.
4.4. We reserve the right to cancel or modify the Contest if it becomes technically corrupted or because of non-authorised human intervention. We reserve the right to bring the end date for the Contest forward in such circumstances.
4.5. In the event of cancellation of the Contest, We reserve the right to award the prize to an eligible non-suspect entry received prior to the date of cancellation.
4.6. By entering the Contest, Contestants agree to be bound by these Terms and Conditions and the decisions of the Company and/or independent judges, which are final and binding in all respects.
5. The Contest Entry Requirements (‘the Entry Requirements’)
5.1. To qualify as a contestant in the Contest, individuals must:
5.1.1. Be a Member of the Site.
5.1.2. Fulfil the Eligibility Criteria (see condition 6 below)
5.1.3. Have their own internet access
5.1.4. Be at least 18 years of age
5.1.5. Have completed and submitted an online entry form.
5.1.6. Ensure that entry forms include a pet name (which must be no more than 255 characters) and a pet description (which must be no more than 255 characters). Both the pet name and description must be truthful, accurate and related to the pet as entered on the form, and cannot contain any reference to the charities, family members, other websites, email addresses or telephone numbers.
5.1.7. Entry forms must not refer to the prizes or the prize fund in any way.
6. The Contest Eligibility Criteria (‘the Eligibility Criteria’)
6.1. To be eligible to participate in the Contest, individuals must fulfil the following criteria:
6.1.1. Be resident anywhere in the world except the British Virgin Islands or the U.S.A. states of Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland or Tennessee.
6.1.2. Not be physically located in a country or state where participation in the contest is prohibited by the laws of that country or state.
6.1.3. Employees and Directors of The Company, its parents, subsidiaries and affiliated companies, advertising and promotion agencies, web master and web suppliers, and Contest judges, their respective immediate family members (parents, spouse, children or siblings, wherever they reside) and persons living in their household (including non relations) are not eligible.
7. The Contest Rules (‘the Rules’)
7.1. This Contest consists of 12 monthly rounds (‘Monthly Rounds’) and 1 grand final (‘Grand Final’).
7.2. Each Member is allowed 1 free entry to the Contest.
7.3. Additional entry forms can be submitted by members but these will not be eligible for entry into the Contest unless the Member upgrades the form to include Picture Hosting on the Site.
7.4. Paid entry forms are only valid for the Contest Period in which they are submitted and are non-transferable.
7.5. Entries received before 30th September 2007 are only valid for the 2007 Contest Period.
7.6. We reserve the right to reject and disqualify any entries containing, connected to or having reference to any nude, obscene, profane, offensive, lewd or pornographic subjects or photos, or any entry which We consider to be inconsistent with our editorial standards, audience expectations or reputation.
7.7. We reserve the right to disqualify any entry, cancel any membership and remove any related images or other information from the Site at any time and for any reason.
7.8. Monthly Rounds will commence at the beginning of each calendar month and conclude at the end of each calendar month.
7.9. Timescales of draws and timings are based on GMT time.
7.10. There will be a total of 12 Monthly Rounds during the Contest Period.
7.11. The winners of each Monthly Round are announced within 7 days of the closing date for that round.
7.12. There must be a minimum of 100 paid entries in any particular Monthly Round in order for finalists to be selected. If at least 100 paid entries are received in any particular Monthly Round, 20 finalists will be selected from the contestants in that round to go through to the Grand Final.
7.13. In the event that less than 100 paid entries are received in any given Monthly Round, no finalists will be selected in that Monthly Round. In that instance, in the following Monthly Round an additional 20 finalists will be selected to go through to the Grand Final.
7.14. Only winners of the Monthly Rounds are eligible to enter the Grand Final. Entries remain the property of the Company and will not be acknowledged or returned.
7.15. We have a strict anti-spam policy. Members who ‘spam ‘ others will be disqualified with no refund. It is also forbidden to embed links to other websites in your description text, or the images you upload, and the site has code to automatically remove such links. If you attempt to circumvent this rule, your account will be disqualified with no refund.
7.16. The first Monthly Round in the Contest will commence on 1st November 2006.
7.17. At the Company’s discretion, promotional codes may be granted to Members. These enable a Member with a $3.00 entry form to upgrade to a $5.00 entry form for free.
7.18. Promotional codes are only valid on $3 entry forms. Members must upgrade to this entry before they can use a promotional code. Only 1 promotional code per member is valid in any particular Contest Period.
7.19. Each pet may only be entered into the Contest once.
7.20. A member may only have 1 pet in any one final of any contest.
7.21. An individual pet can only go into the Grand Final once and may only go into the Grand Final of one contest.
7.22. An unlimited number of pets from any given household may be entered subject to these terms and conditions.
7.23. The use of automated entry systems including (but not limited to) scripts, bots or click farms or any other conduct which impedes or may impede the integrity of the Contest is prohibited.
7.24. In the event of a dispute regarding online entry, entry will be deemed to have been made by the holder of the original valid email account used to create the membership.
7.25. We accept no responsibility for entries We are unable to process due to network, hardware or other technical failure or any other reason. Contestants can seek technical support by following the instructions on the Site.
7.26. We accept no responsibility for incomplete, damaged misdirected or lost entries.
7.27. We reserve the right to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of these terms and conditions.
7.28. Contestants are subject to all laws of the state, province and/or country in which they reside and from which they access the Site and are solely responsible for obeying those laws. Contestants agree the Company cannot be held liable if laws applicable to them restrict or prohibit their participation. The Company makes no representations or warranties, implicit or explicit, as to the Contestant's legal right to participate in any contest offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site or the Company have authority to make any such representations or warranties. The Company reserves the right to monitor the location from which the contestants access the Site and to block access from any jurisdiction in which participation is illegal or restricted. The Company may require any participant receiving any prize to provide proof that he or she is eligible to participate according to these terms and conditions.
8. Picture Hosting
8.1. A picture hosting service (‘Picture Hosting’) is offered by the Site. This service enables Members to upload digital images to the Site for a fee. Once uploaded the images can be viewed on the Site.
8.2. Picture Hosting can be purchased for a fee, as advertised on the site, depending on the number of digital images the Member wishes to upload to the Site.
8.3. Payment of Picture Hosting fees must be made via our independent payment processor, Paypal.com, or another payment processor as We may from time to time announce on the Site.
8.4. Administration of payments is the responsibility of our independent payment processor, Paypal.com.
8.5. Picture Hosting fees are fully refundable within 14 days of payment.
8.6. No refunds will be made after the expiry of 14 days from payment.
8.7. Any refunded entry will not be eligible to win either the Monthly Round or Grand Final of the Contest.
8.8. Paypal.com, our independent payment processor, charges a fee for the processing of payments, which will be payable as part of the Picture Hosting fee, at the time of payment.
8.9. If a Member has upgraded an entry form to Picture Hosting, each image to be uploaded must be in JPEG (.jpg/.jpeg), GIF (.gif) or PNG (.png) format and be no larger than 100kb.
8.10. Uploaded images will be scaled to fit the Site design.
8.11. Images associated with entries must be original, non-professional images of the pet that is the subject of the entry. Previously published images are not permitted, neither are images that have been part of any previous winning entry in any competition (including the Contest).
8.12. If your image file does not open or your image file is corrupted, or you are unable to upload any of your image files for any reason, you absolve the Company from any responsibility. In such event within 14 days of purchase you will be eligible for a refund. We shall not be responsible or liable for failed uploads, system downtime or other difficulties in successfully receiving and recording any data including images submitted with your entry form.
8.13. Only pet related images may be uploaded.
8.14. Any image uploaded by a Member which the Company suspects may be the result of or be connected to any act of cruelty to any animal will be removed from the Site and the responsible Member will be disqualified from the Contest.
8.15. If an entry form has been upgraded to include images, these images can be updated at the member’s discretion. They must however be images related to the same pet as entered on the corresponding entry form.
9. Voting in the Contest
9.1. Entry forms which fully comply with these terms and conditions will be posted on the Site to enable web users to view the entries and vote for their favourite entry.
9.2. Each visitor to the site is permitted to make 1 vote per entry form per day.
9.3. Only votes which We determine to be a valid human clicks on the voting button will be counted in the Contest. Any fraudulent attempt to increase the apparent number of votes by scripts, bots, farms or other artificial methods will be disregarded accordingly.
9.4. We reserve the right to discount any votes which we may consider to be suspicious in any way.
9.5. The highest number of votes for an individual pet in a Monthly Round will determine the winner of that Monthly Round.
9.6. The number of votes for a particular pet in any given period will not determine the winner of the Grand Final.
10. Winner Selection and Judging of the Contest
10.1. Winner selection and Judging will be determined as follows:
10.1.1. All entries received by the end of each Monthly Round will be collated and 20 pets with the highest eligible votes and not already in the Grand Final will be entered into the Grand Final. In the event of a tie, the entry acquiring the votes in the shortest time will go through.
10.1.2. Monthly Winners will be posted on the Site approximately 7 days after the end of the Monthly Round.
10.1.3. Grand Final: At the end of the Contest Period, each of the 240 Monthly Finalists (20 from each Monthly Round) will qualify to compete for prizes in the Grand Final.
10.1.4. The Grand Final will be judged by 17th December 2007, and the winner will be announced on 21st December 2007.
10.1.5. The 3 independent judges will be chosen by the Company. The identity of these judges will be published on the Site.
10.1.6. During the Grand Final, the 240 Monthly Finalists will be judged by 3 independent judges on the following criteria:
10.1.6.1. Name of Pet
10.1.6.2. Description of Pet
10.1.6.3. Images of Pet
10.1.7. In the event of a tie, the independent judges will choose a winner based on the overall number of votes received by each entry. The decisions of the judges are final and binding in all respects.
11. The Contest Prizes
11.1. Prizes will be calculated and awarded as follows:
11.1.1. Prizes can only be issued upon clear confirmation of ownership of the pet, which include (but are not limited to) Veterinarian records, pet passport, or presentation of the live pet at an award ceremony.
11.1.2. Prizes can only be issued to entries where the pet is still alive at the time of the award.
11.1.3. The prize fund.
22.214.171.124. The prize fund total (‘Prize Fund Total’) will be advertised on the Site.
126.96.36.199. The amount of the Prize Fund Total shown on the Site will be calculated as 40% of the sum, in U.S. Dollars, of all Picture Hosting fees paid to the Company after deduction of payment processing charges, along with any donations or other contributions made to the prize fund.
188.8.131.52. The prize fund monies will be held in a bank account located in the British Virgin Islands in Pounds Sterling.
184.108.40.206. All prizes will be paid in U.S. Dollars.
220.127.116.11. The amount of money constituting the prize fund will be subject to fluctuation depending upon currency fluctuations and any variation in the exchange rate between U.S. Dollars and Pounds Sterling between the time of payment of Picture Hosting fees and at the time of payment of prizes. Consequently, the amounts of any prizes paid in U.S. Dollars may vary from that indicated by the Prize Fund Total advertised on the Site.
11.1.4. Grand Prize – there will be 1 Grand Prize winner (‘Grand Prize Winner’). This will be the entry that gained the highest number of points in the judging process. The Grand Prize Winner will receive 80% of the Actual Prize Fund at the time of payment of the Grand Prize. The Grand Prize Winner will be officially informed of their win by email.
11.1.5. Second Prize - a further 50 Grand Finalists who gained the highest points will receive an equal share of 10% of the Actual Prize Fund and will be officially informed of their win by email.
11.1.6. Third Prize – The remaining 189 Grand Finalists will win an equal share of the remaining 10% of the Actual Prize Fund and will be officially informed of their win by email.
11.2. The awarding of any prize is contingent upon full compliance with these terms and conditions. Entrants agree to be bound by these terms and conditions and agree that if a winner fails to provide proof of identity, is found to have violated these terms and conditions or otherwise does not meet the Eligibility Criteria or Entry Requirements, the prize will be forfeited and awarded to an alternate winner who gained the next highest votes.
11.3. The prize winners are responsible for any tax liabilities on any money or other prizes they win in the contest. The payment mechanism will be at our discretion.
11.4. The Grand Prize winning entry will be posted on the Site on or around 3rd January 2008.
12. Donations to Charity
12.1. Picture Hosting fees are inclusive of payment processing charges (‘Payment Processing Charges’) payable to the Company’s nominated independent payment processor.
12.2. After deduction of the proportion of Picture Hosting fees attributable to Payment Processing Charges, 40% of the remaining amount will be donated to charity.
12.3. When signing up for membership of the SIte, members will choose which charity they would prefer donations to be made to, from a list of charities posted on the Site, or will be automatically assigned a Charity based on the link they used to access the signup page.
12.4. The proportion of the Picture Hosting fee paid by a member on submission of an entry form to be donated to charity in accordance with these terms and conditions will be donated to the charity preferred by the Member when submitting the entry form.
13. Intellectual property rights
13.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
13.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4. Our status (and that of any Members) as the authors of material on our site must always be acknowledged.
13.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14. Reliance on information posted
14.1.1. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
14.1.2. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
15. Our liability
15.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude:
15.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
15.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
15.1.3. loss of income or revenue;
15.1.4. loss of business;
15.1.5. loss of profits or contracts;
15.1.6. loss of anticipated savings;
15.1.7. loss of data;
15.1.8. loss of goodwill;
15.1.9. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
15.1.10. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
16. Information about you and your visits to our site
17. Uploading material onto our site
17.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
17.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
17.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
18. Viruses, hacking and other offences
18.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
18.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
19. Linking to our site
19.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2. You must not establish a link from any website that is not owned by you or without written permission of the website owner.
19.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
19.4. If you wish to make any use of material on our site other than that set out above, please address your request using our Contact Form on the Site navigation bar.
20. Links from our site
20.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
21. Jurisdiction and applicable law
23. Your concerns
23.1. If you have any concerns about material which appears on our site, please contact us via the ‘Contact Us’ section of our website.
Thank you for visiting our site.
Terms and Conditions prepared by our legal representatives: