Petco – 2019 Halloween Make A Scene Photo Contest – Instagram – Win awarded to the highest overall scoring entry $10000 to be awarded in the form of a check made out to the winner
2019 HALLOWEEN “MAKE A SCENE” PHOTO CONTEST
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES
OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER.
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Open only to legal residents of the 50 United States or the District of Columbia who are 18 years of
age or older at time of entry. Employees of Petco Animal Supplies, Inc., (the “Sponsor”), its parent, affiliates,
subsidiaries, advertising and promotion agencies, and webmasters/suppliers and members of the immediate families
and persons living in the same household (whether related or not) of such employees are not eligible to enter or win.
Sponsor’s determinations of eligibility are final and may be made at any time prior to prize award. Void where
2. ENTRY PERIOD/PROGRAM DESCRIPTION: The 2019 Petco Halloween “Make a Scene” Photo Contest
(“Promotion” or “Contest”) begins at 12:00 am Pacific Time (“PT”) on October 1, 2019 and ends at 11:59 pm PT on
October 26, 2019 (“Entry Period”). Entrants are to post to Instagram a photo of their costumed pet(s) in a “scene”
that complements their pet(s) costume(s) and tag it @petco and #PetcoSceneContest2019. All eligible entries
submitted with the hashtag #PetcoSceneContest2019 will be considered for the Grand, Second, and Third Prizes.
There are 5 sub-categories that will be offering prizes as well. Entries that include one of the 5 sub-category
hashtags listed below, in addition to being tagged @petco and #PetcoSceneContest2019, will also be considered for
a Fourth Prize. The sub-categories are:
– Pop Culture Pop-Off — #popculture (example: celebrity drama)
– Best iconic movie/TV scene — #moviescene
– Best SuperHero/villain inspired — #SuperHero
– Best “fake scene” — #fakeascene (example: photo editing or graphic design)
– Most delicious! — #food (example: food-related costumes or scenes)
3. HOW TO ENTER:
1) Follow @petco on Instagram (if you do not already).
2) Take a photo of your costumed pet(s) in a “scene” that matches your pet(s) costume(s).
3) Be sure your Instagram account is public and your image entry is not private.
4) Upload your photo to your public Instagram and tag it with @petco and #PetcoSceneContest2019.
Doing so may result in receipt of one entry (“Entry”) into the Contest for the Grand, Second, or Third Prizes. To be
considered for a sub-category Fourth Prize, include the applicable hashtag in addition to @petco and
#PetcoSceneContest2019: #popculture, #moviescene, #SuperHero, #fakeascene, or #food. You may enter as often
as you wish, but each photo must be different. Photos must be uploaded in accordance with the Instagram Terms of
Use (http://instagram.com/about/legal/terms/). Photos that include a specific hashtag in error, will only be eligible to
win a Grand, Second, or Third Prize, not a sub-category Fourth Prize.
Only photos uploaded during the Entry Period may be considered valid entries. Adding the hashtags to photos which
were uploaded prior to the Entry Period will not be eligible for participation in this Contest (even if such photos are
otherwise in compliance with these Official Rules).
Entries must consist of a photo, not a video. Video entries are not eligible. Entries become the property of Sponsor
and will not be acknowledged or returned. Use of any automated system to enter as determined by Sponsor in its
sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Normal Internet access and
usage charges imposed by your online service will apply. If you post updates to or receive updates from your mobile
phone, such activity will be subject to the charges pursuant to your mobile service provider’s rate plan. You further
understand that by participating in the Contest via mobile phone, if you are a potential winner, the Sponsor may
contact you via mobile phone, solely for purposes of Contest administration, which will be subject to the charges
pursuant to your mobile service provider’s rate plan. Please consult your mobile service provider for more
information. All terms and conditions of Instagram apply. Multiple entrants are not permitted to share the same
accounts. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed
to be submitted by the natural person who is the “authorized account holder” assigned to the account in question. It
is your sole responsibility to notify the Sponsor in writing if you change your account(s). Further, note that your Entry
will not be considered successfully submitted if your Instagram account settings prevent Sponsor from seeing your
Entry (i.e. your account should be set to “public” or a similar setting that will allow Sponsor to see your Entry).
By submitting an Entry, you represent and warrant that (a) you are the sole creator of the Entry, (b) the Entry is wholly
original, (c) the Entry does not infringe the privacy or publicity rights or any other legal or moral rights of any third
party, (d) the Entry has not previously been entered in any other Contest (including Sponsor’s Halloween “Make A
Scene” Photo Contest offered in October 2018), and (e) the Entry has not been previously published on Instagram or
in any other medium. You further represent and warrant that you have obtained written permission from each person
whose name, image or likeness (“Likeness”) is included in the Entry, that such person(s) have granted you all
necessary rights to use the Likeness as described in these rules, and that you can and will give written copies of such
permissions to the Sponsor upon request. If your Entry includes the Likeness of a person who is under the age of 18
or under the age of majority in his/her jurisdiction of residence, whichever is greater (a “Minor”), such grant of rights
must include written permission from the Minor’s parent or legal guardian, authorizing the use of the Minor’s Likeness
on behalf of the Minor. You further represent and warrant that you are the owner of the pet(s) depicted in the Entry,
and, if not, that the owner(s) of such pet(s) has/have granted you all necessary rights to include the pet(s) in the entry
as per these rules, and that you can and will give written copies of such permission(s) to the Sponsor upon request.
Further, if the submitted photo was taken by anyone other than you, you represent and warrant that such person(s)
have granted you all rights to the photo (and that they understand that you alone are the contestant in the Contest
and will receive a prize if the Entry is selected as a prize winner), and that you can and will give written copies of such
permissions to the Sponsor upon request. Once submitted, an entry may not be changed, altered, modified or
deleted. By submitting an Entry, you grant Sponsor and its affiliated companies, and their agents, licensees and
assigns the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish,
post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the
Entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without
limitation, and without additional review, compensation, royalty, or approval from you or any other party. You agree
that, upon request by the Sponsor and without compensation, you will sign copyright assignments as necessary to
assign any and all rights to the photo to Sponsor. By submitting an Entry, you further agree not to instigate, support,
maintain, or authorize any action, claim, or lawsuit against the Releasees (as defined below), or any other person or
entity, on the grounds that any use of the Entry, or any derivative works, infringes any of your rights, including,
without limitation, copyrights and moral rights. You further acknowledge that Sponsor, its affiliated companies, and
their agents, licensees and assigns are in no way obligated to broadcast, publish or use your Entry in any way.
Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the
Sponsor or any other Releasees. In no way are you to be construed as the agent or to be acting as the agent of the
Sponsor or any other Releasees. See Section 8 below for additional requirements for your entry.
Entries will be reviewed by Sponsor for compliance with the entry parameters set forth, and if accepted, may be re-
posted by Sponsor (such re-posting merely indicates that the entry has been preliminarily determined to be eligible
under these rules and is not otherwise binding upon Sponsor). Sponsor reserves the right in its sole discretion to
decide if any entry is appropriate for posting or publication and may disqualify any entry at any time in the event it is
determined, in the Sponsor’s sole discretion that the entry is not appropriate, or, that the contestant has not complied
with these Official Rules.
ANY RE-POSTED PHOTO REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND
DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY
ENCOURAGING PERSONS TO PROVIDE CONTENT WITH THEIR COSTUMED PET(S) IN A SCENE; AND,
SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH THE CONTENT OF ANY SUCH
PHOTO INCLUDING MONITORING, FILTERING OR MODERATION PHOTOS. SPONSOR WILL NOT EDIT OR
MODIFY PHOTOS SUBMITTED FOR THE CONTEST IN CONJUNCTION WITH THE ADMINISTRATION OF THE
4. JUDGING: Entries will be judged by a panel of judges selected by Sponsor to select (1) Grand Prize winner, (1)
Second Prize winner, (1) Third Prize winner, and (5) Fourth Prize winners (1 per sub-category). Entries will be
judged according to the following equally-weighted criteria: a) Creativity, b) Originality, c) Appeal, and d) How well
the entry represents the Petco Halloween “Make a Scene” theme. In the event of a tie, the tie will be broken based
on the highest Appeal score. The judges’ decisions are final and binding. Sponsor reserves the right in its sole
discretion not to award a prize if no eligible entries of sufficient quality are received.
5. PRIZES: The following prizes will be awarded:
(1) Grand Prize will be awarded to the highest overall scoring entry: $10,000 to be awarded in the form of a check
made out to the winner.
(1) Second Prize will be awarded to the highest overall scoring entry: $2,500 to be awarded in the form of a check
made out to the winner.
(1) Third Prize will be awarded to the highest overall scoring entry: $1,000 to be awarded in the form of a check
made out to the winner.
(5) Fourth Prizes (one per sub-category) will be awarded to the highest overall scoring entry in each sub-category: a
Petco gift card in the amount of $500. Petco gift cards are redeemable for services, food and merchandise at Petco
and Unleashed by Petco store locations in the United States and Puerto Rico as well as at www.petco.com. Petco
gift cards may be issued in physical/plastic or virtual (“e”) form in Sponsor’s sole discretion. Use of Petco gift cards
are subject to the Gift Card Terms and Conditions, accessible at www.petco.com.
For the avoidance of doubt, a given individual may only win one (1) prize. Without limiting the foregoing, the Grand,
Second, and Third Prize winners cannot also win a Fourth Prize; and, a given individual may only win a Grand,
Second or Third Prize. Should a Grand, Second or Third Prize winner also have an entry that is the highest ranked in
a given sub-category, the Grand, Second, and Third Prize winner’s entry in such sub-category will be discounted for
purposes of awarding the corresponding Fourth Prize.
6. WINNER NOTIFICATION: Winners will be contacted through Instagram comment and/or an Instagram Direct
Message from Petco on or about October 28, 2019. It is recommended that entrants confirm that their Instagram
notification settings are turned on, and that they continue to follow @petco, such that they would be notified in a
timely fashion of Sponsor’s attempt to contact them in this manner if selected as a potential prize winner. To claim
prize, each winner will be required to respond to Sponsor’s notification within twenty four (24) hours after
transmission of the aforementioned message and provide his/her full name, email address, physical mailing address,
date of birth, and phone number. Subsequently, each winner will receive additional prize claim instructions by mail
and/or email from Promotion Mechanics, Inc., and may be required to complete, sign and return an Affidavit or
Declaration of Eligibility/Liability Release, and, where lawful, a Publicity Release and perhaps other documents. All
requested documents must be returned to Sponsor/Administrator within time period specified at time of prize
notification. Prizes are not transferable. Winners are solely responsible for all applicable federal, state, and local
taxes (with the award of the Grand, Second and Third Prizes being reported to the Internal Revenue Service via IRS
1099 Tax Form; and, Grand, Second and Third Prize winners agree to fully cooperate with Sponsor/Administrator as
to their compliance with Internal Revenue Service and any other governmental reporting requirements, including by
providing their Social Security Numbers) and for any expenses, costs or fees associated with acceptance and/or use
of prizes not specified by Sponsor as being included. Sponsor reserves the right to withhold any portion of a prize
deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable
taxing authority on behalf of a winner, including but not limited to, California non-resident tax withholding (if
applicable). At the sole discretion of the Sponsor, disqualification, prize forfeiture and the selection of an alternate
winner may result from any of the following: (a) a potential winner’s failure to respond to initial notification within
twenty-four (24) hours after its transmission; (b) the failure of notification due to deactivation of the potential winner’s
account(s) prior to receipt of notification; (c) potential winner’s failure to provide Sponsor with satisfactory proof of
age, identity and residency; (d) potential winner’s failure to complete and return required documents by the date
specified in winner’s notification; and (e) any other non-compliance with these Official Rules.
7. CONDUCT: By entering the Contest, entrants agree to comply with and be bound by these Official Rules. Failure to
comply with the Official Rules may result in disqualification from the Contest. Sponsor reserves the right in its sole
discretion to disqualify any entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the
operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general
rules or guidelines of any Sponsor property or service; or (4) acting in an unsportsmanlike or disruptive manner, or
with the intent to annoy, abuse, threaten or harass any other person or whose acts or deeds (actual or perceived)
would or might be deemed detrimental to Sponsor’s reputation, as determined by Sponsor in its sole discretion. Any
false information provided within the context of the Contest by any entrant concerning identity, postal address,
ownership of right or non-compliance with Official Rules may result in the immediate elimination of the entrant from
the Contest. Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered
discretion infringes upon or violates the rights of any third party, or does not comply with the Official Rules.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY
WEBSITE, MOBILE SITE OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST
MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW. Further, by participating, each entrant: (a) agrees to waive any claim for
reimbursement for any equipment or materials necessary to submit an Entry regardless of whether or not any
particular Entry is selected for any prize; (b) acknowledges that much of the material that will be submitted as part of
the Contest may embody materials, suggestions, or ideas substantially similar to those which have been developed
by others, or by the Sponsor, and hereby acknowledges that any similarity is purely coincidental and unavoidable in
light of the volume of ideas that Sponsor routinely uses and considers in the course of its business activities, and
understands that he/she will not be entitled to any compensation because of use by the Sponsor of any materials
similar to an entrant’s Entry; and (c) hereby waives any right to any claim or liability with respect to the Sponsor’s use
of similar materials.
8. ENTRY REQUIREMENTS: By submitting an Entry, you represent and warrant that your Entry: (a) is not violent (or
include dangerous stunts), derogatory of any person based on religion, race, gender, sexual identification/orientation,
ethnicity, national origin or any other category, obscene or offensive (as determined by Sponsor and Administrator in
their sole discretion); (b) does not invade the publicity or privacy rights, defame, misrepresent or contain disparaging
remarks about Sponsor or its products/services, or other people, products or companies; (c) does not infringe any
third party’s intellectual property or privacy rights, or contain any personal identification, such as license plate
numbers, e-mail addresses or street addresses; and (d) is not in violation of any law, including but not limited to those
prohibiting cruelty to animals. Sponsor’s determination as to whether any Entry violates the above is final and in
Sponsor’s sole discretion. Entries that do not include all required information and do not adhere to the foregoing and
following requirements will be considered void.
9. GENERAL CONDITIONS: Limit one prize per person. This Contest is subject to all federal, state and local laws and
regulations. Sponsor will have no liability or further obligation to a winner other than to supply the prize. In the event
that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not
limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the
Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these
Official Rules; (b) award prize from among the eligible Entries received up to the time of the impairment; or (c) to
proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. If, due to a human,
typographical, mechanical or other error, the number of potential winners notified is greater than the listed number of
prizes, such listed number of prizes will be awarded in a random drawing from among all eligible entrants who submit
a legitimate prize claim. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be
tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or
in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the
Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the
right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that provision. In the event that Sponsor is prevented
from continuing with the Contest, or the integrity and/or feasibility of the Contest is severely undermined by any event
beyond the Sponsor’s control, including but not limited to fire; flood; epidemic; earthquake; explosion; labor dispute;
strike; act of God; terrorist threat or activity; any federal, state, or local governmental law, order, or regulation; order of
any court or jurisdiction; or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event),
Sponsor will have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Contest
without further obligation. If Sponsor, in its sole discretion, elects to abbreviate the Contest as a result of a Force
Majeure event, Sponsor reserves the right, but not the obligation, to award prizes from among all the eligible entries
received up to the date of such Force Majeure event. Sponsor reserves the right, in its sole discretion, to cancel,
modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity
of the Contest is compromised, without liability to any entrant.
10. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold
harmless the Sponsor, Instagram, Promotion Mechanics, Inc., their respective parent companies, subsidiaries,
divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and
any other entities affiliated with the administration of the Contest, together with the respective officers, directors,
employees, and agents of each (collectively, the “Releasees”) from and against any claim or cause of action arising
out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized
human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or
network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) errors in the
administration of the Contest or the processing of entries; (e) changes to Instagram policies and procedures that may
interfere with the operation of the Contest (and/or the filtering or other operation of the functionality of Instagram); (f)
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 of any prize; and/or (g) if a winner, the use of name and/or photograph for
advertising and publicity purposes without compensation (unless prohibited by law) and entrant further agrees to
execute specific consents to such use if asked to do so, and to the announcement of his or her name, city and state.
Entrants further agree that in any cause of action, the Releasees’ liability will be limited to the cost of entering and
participating in the Contest, and in no event shall the Releasees be liable for attorney’s fees. Entrants waive the right
to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Without limiting the foregoing, the Contest, and all materials provided on or through any Contest-related website are
provided “as is” without warranty of any kind, either express or implied, including without limitation the implied
warranties of merchantability, fitness for a particular purpose, and non-infringement. Releasees are also not
responsible for entries/photos that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled,
misdirected, delayed or damaged, regardless of cause, all of which are void.
11. INDEMNIFICATION: You agree to indemnify and hold the Releasees harmless from any and all claims, damages,
expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by
any third party against any of the Releasees due to or arising out of your Entry, or your conduct in creating an Entry
or otherwise in connection with the Contest, including but not limited to: claims for trademark infringement; copyright
infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
12. PUBLICITY: By submitting an Entry, you grant to Sponsor and its affiliated companies and agents, licensees and
assigns, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice,
biographical information, Entry (including the submitted photo) and written or oral statements, for advertising and
promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of
each, in any and all media without limitation as to time or territory, without compensation or further notice. You shall
have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on
invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite
form of your name, picture, likeness, address (city and state), biographical information, or Entry (including the
13. PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official
conditions of these Official Rules shall prevail.
14. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and entrant’s parent/legal guardian if entrant
is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this
Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to
any form of class action, and exclusively by arbitration pursuant to the Streamlined Rules and Arbitration Procedures
of Judicial Arbitration and Mediation Services, Inc., then effective, and (2) any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in
no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant
hereby waives all rights to claim punitive, incidental and consequential damages and any other damages (other than
for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or
the rights and obligations of entrant and/or Releasees in connection with the Promotion, shall be governed by, and
construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of any
jurisdiction, and all proceedings shall take place in the State of California.
15. WINNERS LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by 12/31/19 to:
Petco 2019 Halloween “Make a Scene” Contest Winners, PMI Station, P.O. Box, 750, Southbury, CT 06488-0750.
Sponsor: Petco Animal Supplies, Inc., 10850 Via Frontera, San Diego CA 92127.
Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470.
© 2019 Petco Animal Supplies, Inc. All rights reserved.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.