Family Photo Release and License Agreement

No Purchase Necessary. Purchase Will Not Improve Chances of Winning

1. How To Enter: The Promotion begins at 12:00:01 a.m. ET on March 22nd, 2021 and ends at 11:59:59 p.m. EST on Friday, April 2nd, 2021 (“Story Submission Period”). To enter, visit https://www.theblackdog.com/pages/have-you-adopted-a-dog-during-quarantine (“Website”), and follow the online instructions to submit a digital photo and complete the entry process. The Black Dog's (Sponsor's) computer will be the official time clock for the Promotion.

      a. Open and offered only to the legal residents of the 50 United States and the District of Columbia who have reached the age of majority in the state of his/her residence as of start date of Promotion. Entrant must have the legal right and ability to give broad permission for The Black Dog to use the photo and/or must have secured, prior to entry, the written permission of any person and/or other than entrant.

      b. In addition, the winner selected by the judges will be required to sign an affidavit of eligibility and to sign and return, within 14 days of notification, a Liability Release and Publicity Release (where legal). Winners will also agree not to use the winning photo for any other promotion or commercial purpose.

      c. Employees and directors of The Black Dog Tavern Company, Inc. (“Sponsor”), and its parent, subsidiaries and affiliated companies, advertising, promotion or production agencies, and their immediate family members or individuals residing in their same household, are not eligible to win the contest.

3. Winner Selection and Criteria: One winning photo will be randomly selected from among all eligible entries by a panel of judges selected by The Black Dog Tavern Company. The decisions of the judges are final and binding in all matters relating to judging this contest. The Black Dog Tavern Company will notify winners by email within approximately 5 days after the end of the promotion period shown in Section 1 above. The chances of winning depend on the number of entries received and on the opinions of the judge’s panel regarding the suitability of photos for The Black Dog and their meeting the following criteria:

      a. Photo must be original, unpublished, and not copyrighted.

      b. Photo must show every person that is in the photo wearing Black Dog clothing.

      c. Due to copyright issues, the photo cannot show another brand that is not The Black Dog.

4. Prizes & Retail Value: Winning Photo(s) will be used in a future Black Dog marketing channels as determined by sponsor. In addition, the winner will receive (1) 2021 dated Black Dog Classic tee-shirt for every person in that photo that was submitted. No substitution, cash redemption or transfer of prize by winners is permitted. Winners may not return their tee-shirt in exchange for cash or credit.

5.General Rules: a. Sponsor and its agencies are not responsible for lost, late, damaged, delayed, incomplete, corrupted or misdirected entries, whether caused by electronic, network, software or computer failures and malfunctions of any kind or by human error. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client, insufficient space in user's e-mail account to receive e-mail, or for any other technical reason. b. Sponsor reserves the right in its sole discretion to cancel or terminate the Promotion (or any portion thereof) if fraud, misconduct or technical failures, including computer virus, bug, or other technical problems, destroy or threaten to destroy the integrity of the Promotion. Sponsor may elect, if feasible and in its sole discretion, to choose winners from among all eligible entries received prior to the time of such a forced termination. c. In the event a dispute arises regarding specific winner entitled to receive prize, entry will be deemed made by the “authorized e-mail account holder,” which shall mean the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. d. Any damage made to the Website will also be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Any attempt by an individual to damage any website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Sponsor reserves the right to seek damages from and to prosecute any such individual to the full extent of the law. e. By participating in this Promotion, entrant agrees to be bound by these Official Rules and by the decisions of the judges, which are final. Entrants must click to “accept” the terms of use listed at the point of entry, which will include very broad permission for The Black Dog and its agents to post any entered photo on websites and to use it anywhere in any context, including advertising, without additional compensation. The terms of use are incorporated by reference and made part of these rules. f. Upon a finding on non-compliance with these Official Rules and requirements, or if prize/prize notification is returned as non-deliverable, or if a winner is found to be ineligible, such prize will be forfeited and may be awarded to an alternate winner selected by Sponsor's judges. g. The Promotion is subject to all applicable federal, state and local laws and regulations. It is void where prohibited by law. Winner is responsible for any tax due on winning amount. h. Entrants who participate in this Promotion hereby waive and release, and agree to hold harmless the Sponsors, its parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents, from and against, any and all rights, claims and causes of action of any kind whatsoever that may arise from their participation in this promotion and/or their acceptance, possession, use or misuse of any good obtained with the prize gift card.

6. Sponsor: The Black Dog Tavern Company, 735 Falmouth Rd., Mashpee, MA 02649

In consideration of entering my photo in the Black Dog Family Photo Contest, I hereby grant to The Black Dog, its employees, agents, licensees and personnel who are acting on its behalf (“The Black Dog”), the absolute and irrevocable right and permission throughout the world and in perpetuity, with respect to the attached digital photograph of my photo (including myself) and those subjects included in the photo (if applicable and with expressed permission), as well as my image, likeness, name, testimonials, statements, if any, or other related items (the “Authorized Material”): a. To use, re-use, publish, re-publish, post on a website, transmit, modify and edit the Authorized Material, in whole or in part, severally or in conjunction with other materials, in any medium now or hereafter known, for commercial, promotional and educational purposes and for any other purpose whatsoever, including without limitation, publicity, marketing, advertising, fundraising and/or trade, and b. To claim and register copyrights in any materials created by The Black Dog based on, derived from or incorporating all or part of any of the Authorized Material in The Black Dog’s own name or any other name that it may choose.

For all but the winning photos, I may use my entered photo for personal use, but I will not use it for commercial purposes and will not enter it in any other contest until the contest results are announced. If my photo is chosen as a winning photo, and in consideration of the prize, I will use that photo for personal use only and will provide written releases that cover all persons and animals in the photo. As a condition for entering my picture in the promotion, I certify that I have the written consent of all other identifiable animals in the photo (other than my own animals) to be bound by the terms of this Release and License. I understand that The Black Dog will rely on this certification in posting or otherwise using entries prior to selecting a winner and will require me to produce the written releases as a condition of publishing the winning picture in any Black Dog marketing channels including but not limited to; The Black Dog social media channels, emails, website, print and digital advertising. I hereby release and discharge The Black Dog from any and all claims and demands whatsoever arising out of or in connection with the use of the Authorized Material or any reproduction thereof and waive any further claim for compensation in connection with the use of the Authorized Material. I acknowledge that the Authorized Material may be altered or modified and waive any right to inspect or approve the finished product.

This Release and License shall inure to the benefit of The Black Dog's successors and assigns and shall be binding upon my heirs, successors, assigns and legal representatives.