Calling All Adorable Pets!

For years, customers like you have been sending us photos of your dogs (and cats) wearing your human Kromer cap, sleeping in your Kromer cap, and sometimes the aftermath of them chewing your Kromer cap.

And because of the love you’ve shown for your pets, we created a product line just for them – highlighted by the ultra-adorable Critter Kromer.

Well, keep those photos coming, because our favorite photos featuring pets and SK will be featured in our 2019 Pets of Kromer Wall Calendar! Featured pets and their owners will also receive a $100 SK gift certificate.

To enter, fill out the form below with all the required info and include your favorite Stormy Kromer pet photo. You can read the full rules below, but a few notes regarding the photo submissions:

• Must include one or more pets – any pet is eligible
• Must include a product sold by Stormy Kromer
• May include people
• Must be a high quality digital photo in jpeg, .jpg or .gif format of at least 300 dpi, not more than 3,000 pixels on the longest side and between 2.8 MB and 10 MB.

Deadline for entries is September 30^th – so get your pet, some SK gear, and your cameras ready. Calendars will be for sale in late November.

One entry per household.

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Stormy Kromer® Pet Calendar Photo Contest 2018 (“Promotion”)

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

1. SPONSORSHIP: The Promotion is hosted by Jacquart Fabric Products, Inc. (“Stormy Kromer” or “Sponsor”).  Entrant or similar terms used herein shall mean each person who submits or attempts to submit a photo for the Promotion, or who otherwise participates in the Promotion.
2. ELIGIBILITY: Promotion is open only to legal adult residents of the 50 United States (including District of Columbia), 18 years of age or older (and not a minor in state of residence) at time of entry.  Employees of Stormy Kromer and its or their respective parent companies, affiliates, franchisees, sales representatives, distributors, agents, and vendors involved with this Promotion, and the immediate family and household members of all such employees, are not eligible to enter or win.  Promotion is subject to all applicable federal, state and local laws and regulations.  Void where prohibited by law.  
3. TIMING: The Promotion begins on August 1, 2018, at 12:00 a.m. Central Time (“CT”) and ends on September 30, 2018, at 11:59 p.m. CT (the “Promotion Period”).  Winners will be notified on approximately October 12, 2018.
4. CONTEST PHOTOS: In addition to complying with all other aspects of these Official Rules, all photos submitted by an Entrant for entry in the Promotion (each a “Contest Photo”):

• Must include one or more pets – any pet is eligible.
• Must include a product sold by Stormy Kromer.
• May include people (each person in a Contest Photo may be required to sign a release as described in these Rules)
• May have been taken at any time.
• Must be a high quality digital photo in jpeg, .jpg or .gif format of at least 300 dpi, not more than 3,000 pixels on the longest side and between 2.8 MB and 10 MB.
• Must not include digital renderings (photography only).
• Must be submitted electronically via the online form at stormykromer.com/blog/calling-all-adorable-pets during the Promotion Period (submission in this manner constitutes an entry).
• Must comply with these Official Rules.

5. HOW TO ENTER: To enter this Promotion, the Entrant complete and submit the form at stormykromer.com/blog/calling-all-adorable-pets during the Promotion Period. The form requires the following information:

• Entrant’s name.
• Entrant’s phone number.
• Entrant’s e-mail address.
• Entrant’s mailing address.
• Name of pet(s) featured in Contest Photo name and a short (100 words or less) caption or story about the Contest Photo or the pet(s) featured in the Contest Photo.
• One uploaded photo

Only one person per household may enter. Late or incomplete entries are null and void.

6. HOW TO WIN: A committee comprised of certain of Sponsor’s employees (as selected by Sponsor) will review each entry and will select twelve (12) winners from the Contest Photos. Winning Contest Photos will be selected based upon originality, creative and featured use of Stormy Kromer product(s) in the Contest Photo, and overall aesthetics. All selections are final and may not be appealed. The odds of winning will depend in part upon the number of Entrants submitting Contest Photos, and in part on the skill of the Entrants submitting Contest Photos. If a winning Contest Photo is later determined to be ineligible for any reason, an additional winner will be selected from the non-winning Contest Photos by Sponsor in order to replace the ineligible winning Contest Photo.

All selections of winning entries are final. If you do not agree with these Official Rules, do not enter the Promotion.

7. PRIZES:  The winning Entrants will have their Contest Photo and pet’s story included in the 2019 Stormy Kromer Pet Wall Calendar, will receive one copy of the calendar when it is published at no cost, and will receive $100 USD gift certificate to stormykromer.com.

Prize Restrictions:  Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner.  Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion.  Sponsor will not replace any lost or stolen prizes.  Prizes cannot be used in conjunction with any other promotion or offer. Sponsor will be permitted to Entrant must provide all required information as noted in the entry submission to be eligible to enter and win.  All potential winners are subject to verification before any prize will be awarded.  Bulk, automated, and/or third party entries are prohibited and will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the e‑mail address associated with the pertinent entry will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned an e‑mail address by an Internet access provider, online service provider, or other organization responsible for assigning e‑mail addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion.  All potential winners are subject to verification before any prize will be awarded.  Normal Internet access, phone, and usage charges imposed by Entrant’s online or phone service may apply.

8. CONTEST PHOTO ADDITIONAL REQUIREMENTS: A Contest Photo shall not: (a) be sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (b) promote or feature any activities that may appear unsafe or dangerous, or any political agenda or message or any spam or commercial solicitations; (c) defame, misrepresent, or contain disparaging remarks about Sponsor other companies or persons; (d) contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs and other works of art or images published via websites, television, movies, or other media) owned by others, without permission; (e) contain any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses, or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than an Entrant; (f) communicate messages or images inconsistent with the positive image and good will of the STORMY KROMER® brand or other brands of Sponsor; and/or (g) violate any law.

DO NOT HARM OR PUT ANY PET, ANIMAL OR PERSON IN DANGER OR AT RISK IN ANY WAY FOR A CONTEST PHOTO.

9. GENERAL CONDITIONS:  Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, or telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  WARNING:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR E-MAIL ADDRESS ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or e-mail address associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.  No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. RELEASE & LIMITATIONS OF LIABILITY:  By participating in this Promotion, Entrant agrees that Sponsor, and its parents, affiliates, subsidiaries, and their respective representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, members, managers, employees, representatives, and agents (the “Released Parties”) are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any 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 Promotion or receipt or use or misuse of any prize.  ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY INTERNET SITE(S) USED IN OR ASSOCIATED WITH THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE(S), OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.  WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ANY INTERNET SITE USED IN OR ASSOCIATED WITH THE PROMOTION AND ALL PRIZES (INCLUDING ANY CONSTITUENT GOODS OR SERVICES WHICH ARE PART OF OR WHICH COMPRISE THE PRIZES HEREUNDER), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
11. INTELLECTUAL PROPERTY; CONSENT TO USE OF E-MAIL ADDRESS; PUBLICITY RELEASE:  Except where prohibited by law, Entrant grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), and its parents, subsidiaries, affiliates, advertising and promotion agencies, and those acting pursuant to its authority, and their respective successors and assigns (the “Licensed Parties”), the irrevocable worldwide right and permission to use, print, reproduce, publish, broadcast, distribute, display or prepare derivative works, in any media now known or hereafter developed, including, but not limited to, the internet or any social media platform or any website, at any time or times, each Contest Photo submitted by Entrant (including all copyrights therein) and such Entrant’s or winner’s (and that of each of their pets or other persons featured in any Contest Photo) name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast or the inclusion such information on postings on any social media platform) without additional consideration, compensation, permission, or notification.  By submitting an entry, Entrant agrees that all entries (including the Entrant’s e-mail address listed in such entry submission and including the Contest Photo) or other content submissions that Entrant may submit to Sponsor or otherwise submit in connection with this Promotion are deemed to be non-confidential and non-proprietary and the Licensed Parties shall have no obligation of any kind with respect to such content submissions. Licensed Parties shall be free to edit, exploit, modify, publish, reproduce, use, disclose, disseminate, and distribute the information in the Entrant’s entry submission (including the Entrant’s e-mail address and any Contest Photo) or other content submissions by Entrant to others without limitation in any and all media now known or not currently known, throughout the world for any purpose without compensation, permission or notification to Entrant or any third party. BY SUBMITTING AN ENTRY FORM FOR THE PROMOTION, AND WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE OFFICIAL RULES, ENTRANT AGREES AND CONSENTS THAT EACH LICENSED PARTY MAY POSSESS AND MAINTAIN IN ITS RECORDS THE E-MAIL ADDRESS LISTED IN ENTRANT’S ENTRY AND MAY SEND NOTICES OR PROMOTIONAL MATERIALS TO THE E-MAIL ADDRESS LISTED IN ENTRANT’S ENTRY SUBMISSION AT ANY TIME.

Entrant further agrees to execute any documents requested by Sponsor to confirm or exercise the rights granted to Sponsor herein and to cause any person included in a Contest Photo to execute the same, including one or more releases or related instruments confirming or granting rights to Sponsor as set forth in these Rules. Refusal of any such party to sign such a release or related instrument upon request may result in the disqualification of the Contest Photo at Sponsor’s discretion.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) MATTERS: Sponsor takes claims of copyright infringement seriously. Sponsor will respond to notices of alleged copyright infringement that comply with applicable law, including those related to Contest Photos.

Designated Agent

If a person or entity has a good faith belief that any materials submitted by an Entrant as part of this Promotion which are published or distributed on social media platforms, websites or other online or digital forums infringe the copyright of such person or entity, that person or entity may request removal of those materials from the applicable social media platform, website or other online or digital forum by submitting written notification to Sponsor’s designated copyright agent at the following address:

Andrea Ludtke

Jacquart Fabric Products, Inc.

1238 Wall Street, Ironwood, MI 49938

Phone: 906-932-7804 x1152

E-mail: [email protected]

DMCA Notice of Alleged Copyright Infringement

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement as follows: I am the copyright owner or I am authorized to act on behalf of the copyright owner. I have a good faith belief that use of the copyrighted material described in this notice is not authorized by the copyright owner and is not permissible under law. I declare, under penalty of perjury, that the information presented in this notice is accurate and that I have a good faith belief that the use is infringing.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notice Procedures

If you believe that material you provided to Sponsor (including a Contest Photo) was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Sponsor (a “Counter-Notice”) by submitting written notification to Sponsor’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the initial DMCA Notice to Sponsor.

The DMCA allows Sponsor to restore the removed content if the party filing the original DMCA Notice does not file a court action against the party filing the Counter-Notice within ten (10) business days of receiving the copy of the Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

13. DISPUTES: Except where prohibited, Entrant agrees that:  (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the state of Michigan; (b) 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 (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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 hereunder, shall be governed by, and construed in accordance with, the laws of the state of Michigan, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the state of Michigan.
14. PRIVACY: Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use Entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Use of personally identifiable information provided to Sponsor is subject to Sponsor’s privacy policy found online at: https://www.stormykromer.com/privacy-policy.
15. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit stormykromer.com/blog/calling-all-adorable-pets.  A posting will be made identifying the winners after the conclusion of the Promotion Period at stormykromer.com/blog/calling-all-adorable-pets.