Terms and Conditions
The herein terms and conditions (hereinafter referred to as āTermsā) constitute a contract between User (hereinafter referred to as āParticipantā, āUserā, āYouā or āYourā) and Rocket Media Group Ltd d/b/a āPUPVOTEā (hereinafter referred to as āPUPVOTEā that governs userās access and use of the website. Please read these Terms carefully. Again, this constitutes a legally binding agreement between You and PUPVOTE. By your use of the website or participating in any contest, you agree to comply with all of the terms and conditions set forth in this document.
The domain name www.pupvote.com (hereinafter referred to as "Website") is owned by Rocket Media Group Ltd, a corporation having its registered office located at 36 Dame St, Dublin, Ireland and 21B Moskova Street Sofia Bulgaria.
YOU ACCEPT THESE TERMS BY ACCESSING OR USING OUR WEBSITE AND PARTICIPATING IN ANY OF OUR CONTESTS (THE āSERVICESā). PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE PARTICIPATING IN ANY OF OUR CONTESTS.
1. ELIGIBILITY
User must be at least 18 years of age. User represents and warrants that (a) User has the right and authority to (i) enter into this Agreement; (ii) participate in any of our contests; and (b) he/she abides by all of the terms and conditions of this agreement and each specific contest.
Currently we accept entries from the following countries: United States, United Kingdom, Ireland, Canada, Australia, New Zealand, Sweden, Norway, Finland and France.
PUPVOTE In the United States contests are not available to Users located in the states of: Vermont, North Dakota, Maryland or Colorado.
Any entry by a User who is not eligible for PUPVOTE Contests shall be void and said User will be prohibited from future use of the Website and shall be required to forfeit any prizes won.
2. PURPOSE
We offer an online pet photo contest, wherein we provide a forum for people to vote on various pet related topics ā e.g., largest pet, cutest pet, etc. These are skill based contests of which the photographs are judged by the community and the winner for each contest is determined by calculating the amount of votes for each specific contest and awarding the winner based on a majority of said votes.
3. SCOPE
Users are permitted to submit photographs of their own pets, or the pets of their families and friends. By submitting a photo, User warrants that he/she has the permission of the petās owner to submit the photo.
In submitting an entry to PUPVOTE the user releases the publicity rights to PUPVOTE. PUPVOTE is free to re-use and republish the picture(s) in any of their marketing materials in accordance with its Privacy Policy.
4. GAMES AND/OR SWEEPSTAKES (THE āCONTESTā)
We provide a legal way to enjoy a free on-line contest with no monetary risk. Contests are free to enter and partake in. We require absolutely no purchase, of any kind, to participate. Users are permitted to vote a maximum of 10 times per day from the same IP address and/or from the same user account. Every 10 minutes, you will recover one vote. New Contests begin every fourteen (14) to twenty-one (21) days. Each Contest, including its start and finish date, shall be posted on the Website.
4.1 CONTEST RULES:
Remain polite: Our community brings together many different people. Please respect each and every individual, and remember that not everyone shares your ideas or beliefs. Thus, please remain polite and respectful with anything and everything concerned with this website.
Upload the contents that you have created: Please respect the copyright of third-party. Do not post the work of others. PUPVOTE reserves the right, in its sole and absolute discretion, to terminate the User account and proceed with any legal action in case of copyright infringement.
User content and comments: User is solely responsible for his/her content and comments. PUPVOTE reserves the right, in its sole and absolute discretion, to terminate User account and proceed with any legal action in case of threatening, harassing, inappropriate or objectionable content or comments of any kind.
Warning: You will receive one warning notice if you breach any of the rules of this website (āFirst and Final Warningā). PUPVOTE reserves the right, in its sole and absolute discretion, to terminate the User account and proceed with any legal action in case of second breach or serious misconduct.
User profile should not contain any photo of any inappropriate content: PUPVOTE reserves the right, in its sole and absolute discretion, to terminate the User account if the user upload any inappropriate content on the website.
No logos or banners: User accounts may be terminated if users use it to post elements from the other websites - icons, emoticons, avatars, badges, images from other websites or any other internet signs which have no relation to our site.
Users may not use a User account as a sales platform: PUPVOTE is a website for personal usage. If User attempt to sell products, services or yourself through a User account, we reserve the right to terminate the User account. All commercial and sales use of PUPVOTE and its technology and accounts are subject to the approval of PUPVOTE. If User has a specific commercial usage of our website, User must contact us first to discuss what User would like to do.
Violation of rules: PUPVOTE reserves the right to remove any User entry from a Contest for any User who violates any of the herein rules and regulations, the terms of service, the privacy policy or any other applicable law or rule.
4.2 VOTES
Buying Votes: One may buy votes for any User, including themselves, via credit and debit card. PUPVOTE is not responsible for any problems that may arise while processing transactions. Moreover, no refund will be made by the PUPVOTE for any purchase made by the User. Purchased votes are weighted the same as free votes. In the event a User purchase votes for the wrong recipient, no refund will be given for that transaction.
Voting Exchanges: Any type of voting exchange method or vote for vote technique to solicit additional votes on your entry are expressly prohibited. PUPVOTE reserves the right to disable/terminate user accounts with voting exchange activity without prior warning.
Voting Calculations: In the event any pet in the lead gets ahead by more than 1000 votes of the two contestants immediately behind it, voting for the lead pet shall be temporarily suspended. This āgap ruleā shall be overturned in the final seventy-two (72) hours of the contest, at which point voting shall continue normally.
Voting Timing: Voting, both paid and free, shall begin immediately after the Contest opens and shall continue through the last second that the Contest remains active.
Voting Safeguards: PUPVOTE has taken precautions to guard against cheating. More specifically, creating multiple accounts to increase vote counts, bot voting, automated voting, bulk entries, and automated entries are expressly prohibited. Any User caught engaging in the foregoing conduct will be banned from use of the Website and all entries from said User will be immediately voided and PUPVOTE will proceed with any legal action in case of fraud.
PUPVOTE shall not, in any case, be responsible and/or liable for late entries, faulty entries, technical malfunctions of the Website and/or any other issues that prevent, prohibit and/or impede the submission of entries.
5. PRIZES AND REDEMPTION
We offer prizes to the winners of each Contest. Cash prizes are added to the winner's Pupvote wallet when the contest results are announced and can be used for votes on the Website at any time. To receive a cash prize as a payout, the winner must request the payout from their account within ninety (90) days of the prize being added and complete verification: their full legal name, a payout email address, a photo of themselves with the pet, and a copy of a government-issued photo ID confirming they are at least 18 years old and are the holder of the account. Verification documents are stored privately and deleted ninety (90) days after the payout. Verified payouts are sent in weekly batches, within thirty (30) days of verification and usually much sooner, to the payout method chosen by the winner. Reviews submitted with a prize claim may be published on the Website's Testimonials page together with the pet's name and the prize. The minimum payout is USD 25 or the equivalent, and only one payout request can be open at a time. Prizes are (i) redeemable by that particular account user only; (ii) not transferable to another account user or any third party; and (iii) void if any vote purchase on the account in the relevant Contest is subject to a chargeback or payment dispute. If a payout has already been made when a chargeback is raised, the amount paid becomes a debt to PUPVOTE and will be deducted from the wallet and from any future prize. PUPVOTE reserves the right to amend the terms and conditions for cash prizes at any time and without prior notice. If prizes are in kind, we are not responsible for undeliverable, lost, delayed, damaged, misdirected, or misaddressed packages or any other issues regarding the delivery/shipping of the prize(s).
Users who finish any Contest in first, second or third place shall not be permitted to delete their pet profile from the Website.
If a cash payout is not requested and verified within ninety (90) days of the prize being added to the wallet, the right to receive it as a payout lapses. The amount remains in the wallet as credit that can be used for votes on the Website. Wallet credit that has not been used for twenty-four (24) months may be removed.
6. LICENSE
Our website, software and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our Website is based on the license of PUPVOTEās Intellectual property to User. PUPVOTE grants User a limited, non-transferable license to use its website, tools and related services in accordance with these Terms. PUPVOTE reserves all rights in the Intellectual Property not expressly granted to user. PUPVOTE provides the contests solely on an āAS ISā basis and disclaims all warranties and liability for Users use of the PUPVOTEās website, tools and related contests. PUPVOTE reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the websites and/or contests offered on or through the websites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.
7. REGISTRATION
To become a Registered User, you must accept all of the terms and conditions in and/or incorporated by and/or linked to these Terms. By becoming a Registered User, you agree to: (1) abide by the Terms and Conditions, Privacy Policy, Legal Disclaimers, processes, and procedures described throughout the Website; (2) be financially responsible for your use of the Website; and (3) perform your obligations as specified under these terms, unless such obligations are prohibited by law or by the Terms. PUPVOTE reserves the right, in its sole discretion, to refuse, suspend, or terminate a User account at any time for any reason or no reason.
8. USERNAME AND PASSWORD
In order to create a registered account with PUPVOTE, you will provide us with identifying information (such as your name, e-mail address), a password and username and other information (āRegistration Informationā). After Sign-up, we will confirm your e-mail. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or PUPVOTE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PUPVOTE shall have the right to indefinitely suspend or terminate or block access of your IP on the Website or suspend your account and refuse to provide you with access to the Website and/or Contests. User agrees to notify PUPVOTE immediately of any unauthorised use of Userās Account. We will not be liable for any unauthorised use of Usersā Accounts.
9. PRIVACY POLICY
PUPVOTE will safeguard account information in accordance with our Privacy Policy. You consent to PUPVOTE's use and display on the Website of anonymous data records from information collected from your use of our website. Please read our Privacy Policy for more details.
10. VERIFICATION
In order to verify information provided by a User, PUPVOTE may require Users to perform certain actions which may include providing an e-mail address, mobile phone number, and other information to verify a State identification and other legal documentation provided. User agrees that our Identity Verification Services may not be fully accurate as all Services are dependent on the accuracy of Userās information.
11. INTELLECTUAL PROPERTY
For purposes of this Agreement, āIntellectual Propertyā shall mean (a) methodology for the provision of the Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. PUPVOTE hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by PUPVOTE. You acknowledge that all right, title and interest to the Intellectual Property is owned by PUPVOTE. User agrees that it shall not share Intellectual Property with any third party and/or use Intellectual Property for any purpose not associated with the use of the Website and/or Contest without the express written permission of PUPVOTE.
12. USER CONTENT
Users are solely responsible for their photos and must uphold and respect the integrity of the website in posting them. More specifically, Users must ensure that the photos they submit for Contests do not constitute the following:
A breach of intellectual property rights of a third-party and/or of companies of group management from which no permission has been acquired and contracted, as they are sole owners of the aforementioned rights. By putting photos online and allowing these photos to be viewed by other site users, Users guarantee that they retain all rights and authorisations from those concerned, and that they are devoid of all rights and payments concerning posted photos from companies of group management;
Harm to individuals and to respect for private life. User agrees to obtain the necessary authorisations concerning reproduction of and representation of any photo from anyone used in photos presented in the context of the contest concerned.
A threat to public order and publicly-recognised morality. It is the responsibility of the user to maintain certain ethical standards with regard to pictures and / or comments made available online and, in particular, to refrain from disseminating any violent or pornographic content or that which could be deemed detrimental to the reputation of, or privacy of the individual concerned.
PUPVOTE reserves the right to refuse and/or exclude and/or remove any photo for the following reasons:
Any photo displaying vulgarity
Any photo outlawed for commercial, moral or public conditions.
Any photo which is contrary to morality and/or public order, particularly those of unclothed persons.
Any photo representing an element subject to intellectual and industrial property, such as an original work, a trademark, a registered design, etc.
The validation of a photo takes up to seventy-two (72) hours. PUPVOTE shall not be liable for any content posted by a User.
PUPVOTE reserves the right to temporarily or permanently block Users.
13. RIGHTS OF USAGE OF PHOTOGRAPHS GIVEN TO PUPVOTE
Each User in the "Pupvoteā contest deliberately authorises that his/her name and photograph be published on the Website.
14. USERāS CONDUCT
User acknowledges and agrees to not use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following (note that the following list is not all-inclusive):
Illegal and fraudulent information.
threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law.
Trojan horse, worm or other disruptive or harmful software or data.
Any other information or content which is not legally yours and without permission from the intellectual property rights owners.
15. MONITORING
PUPVOTE may monitor Usersā accounts. We may disclose any information necessary for our legal obligations to protect PUPVOTE or its users. PUPVOTE, in its sole discretion, may refuse to create or remove any account, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of these terms and conditions.
16. SUPPORT
Customer support is available electronically. Any such inquiries should be submitted to [email protected] and PUPVOTE will make every effort to respond to same with three (3) business days.
17. PROHIBITED ACTIVITIES
Other than as permitted herein, User shall not (and User shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. User shall not (and User shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or āspamā on the Services, or any processes that run or are activated while you are not logged into the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the websitesā infrastructure); (v) interfere or attempt to interfere with the proper working of our contests or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the website; or (vii) bypass any measures PUPVOTE may use to prevent or restrict access to the website, software or the games.
18. FORMATION / CONSTITUTION
PUPVOTE is not a registered charity. Rather, PUPVOTE is a for profit company that donates parts of its profits to charitable organisations. All donations are at the sole discretion of PUPVOTE. When purchasing votes an amount of meals is displayed per prize tier. This amount of meals indicated is equal to a monetary amount committed to Pupvote based on the current price of feeding one pet in the country the funds are deployed to. Funds can be used by charities for food, medication and other expenses at their sole discretion. Moreover, PUPVOTE is not able to give out tax receipts or any related documentation concerning any such donations. Any purchases made with and/or through PUPVOTE shall not be considered a charitable donation in Usersā country.
19. DISCLAIMERS
USER EXPRESSLY UNDERSTANDS AND AGREES THAT USERāS USE OF THE WEBSITE AND PUPVOTESā SERVICES IS AT USERS SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PUPVOTE AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
PUPVOTE AND ITS EMPLOYEES/AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE PUPVOTE STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, PUPVOTE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
20. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE PUPVOTE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTEST AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE PUPVOTE OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE āEXCLUDED DAMAGESā). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE PUPVOTE NOR ANY OF ITS PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOURā SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE PUPVOTE IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
21. INDEMNIFICATION
You agree to defend, indemnify and hold PUPVOTE and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the āIndemnified Partiesā) harmless against any claim for damages, losses or any costs, including attorneysā fees, arising from or related to your use of this website.
22. JURISDICTION AND APPLICABLE LAW
The use of the website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the lawsā of the country of Ireland, without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Dublin, Ireland for any action or proceeding arising out of or relating to these Terms and Conditions.
23. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between User and PUPVOTE. No action of PUPVOTE, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of PUPVOTE is authorised to waive it orally.
24. WAIVER AND SEVERABILITY
If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that partyās right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
25. UPDATES
We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to you, your sole remedy shall be to terminate your User Account. Your continued use of website will constitute binding acceptance of such modifications.
26. ELECTRONIC COMMUNICATION
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, legal notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
27. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
PUPVOTE
Support: [email protected]