CONTEST RULES – THE WEBVET BIRDS ON BROADWAY 2008 CONTEST 

NO PURCHASE NECESSARY.  OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE (unless required to be older under applicable State law) OR OLDER.  INTERNET ACCESS IS REQUIRED.

1.  Contest Period:  The WebVet Birds On Broadway Contest 2008 (the "Contest") begins at 12:01 pm, Eastern Time ("ET") on September 16, 2008, and ends at 11:59:59 pm, ET on October 14, 2008 (the "Contest Period").

2.  How To Enter:  To enter the Contest, visit www.webvet.com/broadwaybirds (the "Contest Website") during the Contest Period, click on the promotion link for the Contest, complete all required registration information for the Contest, and upload (in the manner described on the Content Website) a video of up to a maximum of two minutes in length that showcases your pet bird and its talent (your "Entry").  The person submitting the video is referred to herein as the "Entrant" and each Entrant and Entry must meet all qualifications and requirements set forth in these Contest Rules.  

        Only one Entry is permitted per Entrant; multiple Entries from an Entrant may result in disqualification of all Entries submitted by such Entrant.  No Entries are permitted from or on behalf of an Entrant who earns money primarily through exploitation of his/her bird’s talent (i.e., a professional), or that feature a bird for whose talent repeated payment(s) have previously been made.  

        Each person appearing in Entrant’s video must be at least 18 years of age and Entrant must have obtained, prior to submitting the Entry to the Contest Website, signed release forms from each person appearing in the video that permits Entrant to include them in the video and gives Entrant all rights necessary to submit the Entry for all purposes and uses described in these Contest Rules.  Upon request by WebVet, Entrant shall furnish a copy of all release forms to WebVet or its designee.

        By entering the Contest, Entrant understands that the Entry may, in WebVet’s discretion, be posted online for visitors to view and vote on.  In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the name appearing on the Entry.  To be considered part of the Contest, an Entry must be completed and submitted in the manner set forth above by no later than 11:59:59 pm, ET, on October 14, 2008.  The Contest is limited to one Entry per Entrant.  Any person who attempts to enter more than one Entry will be disqualified, and none of the Entries submitted by such person will be considered as part of the Contest.

        Normal Internet access and usage charges imposed by Entrant’s online service will apply.

3.  Entry Requirements:  In order to be entered into the Contest, Entrants must comply with registration instructions when submitting their video.  The video must be in one of the following formats:  .avi, .mov, .mpg, .mpeg, .wmv, .qt, .mp4, .flv, .ram, .ogm, .mpeg4, .mp4v, .mpe, or .mkv.  The Entry shall not contain obscene, lewd or inappropriate images or text, or nudity, acts of violence or acts that appear to cause harm, as determined in WebVet’s sole discretion.  Any Entry that, in WebVet’s sole discretion, (i) violates the preceding sentence, (ii) is defamatory, (iii) contains any third party materials for which Entrant has not secured all appropriate rights, permissions and licenses, (iv) violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or any entity, (v) appears to have resulted in any injury or bodily harm to any person or animal, (vi) appears to indicate mistreatment of any animal, and/or (vii) is otherwise objectionable, will not be considered and may disqualify the Entrant.  

        Clothing worn in the video, or any object, goods, or product seen in the video, should not contain any visible logos, drawings, cartoons, phrases, trademarks, identifiable marks or other third party materials.  Entrant shall not copy or plagiarize the Entry or any material contained therein from any source, and the Entry shall be original with Entrant.  Entrant shall obtain at Entrant’s sole cost all rights, permissions and licenses required to use any third-party music or other third-party material in the Entry for purposes of the Contest and to enable WebVet to exercise all rights granted to it as set forth herein.

        WebVet has the sole discretion to determine whether a submission meets the requirements of and will be considered as an Entry in the Contest.  All Entries become the property of WebVet and will not be acknowledged or returned.  Entrants acknowledge that WebVet shall have the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit, in all media worldwide, in perpetuity, without any further approval thereof or therefor by Entrant.  Automatic, script, macro or robotic Entries submitted by individuals or organizations will be disqualified.  

        By submitting an Entry, Entrant waives any rights it may have to the Entry submitted, whether statutory or common law rights (including all so-called moral rights).

4.  Eligibility:  Subject to all applicable laws, the Contest is open to legal residents (individuals only, not companies or entities) of the 50 United States and the District of Columbia who are 18 years of older as of the date their Entry is submitted.  Employees, directors, shareholders, agents, members and officers of WebVet, its affiliated companies, its promotional and judging agencies, as well as immediate family members of all such employees and all persons residing at the same address as such employees are not eligible to participate in the Contest or to win.  By entering the Contest, each Entrant agrees to these Contest Rules and to the decisions of Contest judges and WebVet in connection with this Contest, all of which are final.  All federal, state and local taxes are the sole responsibility of the winner (or the parent/guardian if the winner is a minor in his/her state of residence), and neither WebVet nor its affiliated companies, or its promotional and judging agencies, shall have any obligations for such taxes.

5.  Judging/Voting:  There will be two judging or voting segments for this Contest, as follows:

        a.  Judging/Voting Segment 1 (Semi-Finalist Judging/Voting):  A panel of judges selected by WebVet will view the eligible Entries and will select three finalists from the eligible Entries received.  The judging panel will consist of veterinarians, industry experts and music/entertainment industry professionals.  Entries will be judged using the following criteria and weights:  originality and creativity (25%), personality (25%), and overall entertainment value of the video (50%).  In the event of a tie that would otherwise produce more than three finalists, the Entry(ies) with the higher score in the "originality and creativity" category will be deemed a finalist.  In the unlikely event that a tie still exists that would result in more than three finalists, the Entries involved in the tie will be re-judged by an additional independent qualified judge selected by WebVet, using the same criteria and weights as above, and such judge shall break the tie and determine the identity of the finalists.  The decisions of the judges in the manner set forth above shall be final.

        The three finalists will be notified of the selection of their Entries by phone and/or e-mail on or about October 19, 2008.  Thereafter, in order to remain eligible for the final round of judging/voting, each finalist must execute and return to WebVet an affidavit of eligibility, publicity release (except where prohibited by law), agreement that grants WebVet the exclusive right to publicize, post, exhibit, distribute, edit, modify, reproduce and/or display the finalist’s name and Entry through any and all means, in perpetuity throughout the world, in all media (whether now known or hereafter invented), in WebVet’s sole discretion (except where prohibited by law) to promote either the Contest or the website www.webvet.com, liability waiver and indemnity, and/or any other documentation required by WebVet, within three (3) days (including weekends) of being provided such documentation by WebVet.  If all such documentation is not signed by a potential finalist and received by WebVet within such three (3) day time period, WebVet shall have the right to disqualify such potential finalist; in such case, the Entry that received the next highest score in Judging/Voting Segment 1 shall be declared a finalist, subject to compliance with this paragraph 5(a).  The documentation set forth in this sub-paragraph will be mailed by WebVet via overnight mail with a pre-paid overnight return envelope included.  Return of such documentation as undeliverable may result in disqualification of the potential finalist and the selection instead of an alternate finalist with the next highest score in Judging/Voting Segment 1.  If a finalist cannot be reached by phone or e-mail after a reasonable effort has been made on behalf of WebVet, or if a finalist fails to timely execute the documentation provided by WebVet, or if a finalist is found to be ineligible, such finalist will be replaced by the Entry that has received the next highest score in Judging/Voting Segment 1.

        b.   Judging/Voting Segment 2 (Selection of Winner):  The Entries of the three finalists selected in the round of Semi-Finalist Voting as determined by the judging panel will be posted on the Contest Website.  During the period from 10:00:01 am, ET, on October 21, 2008 through 11:59:59 pm, ET on October 28, 2008 (the "Public Voting Period"), visitors to the Contest Website will be able to view the Entries of the three finalists and to vote on each Entry using a scale of 1-5, with 5 being the highest.  At the end of the Public Voting Period, the votes for each Entry will be averaged, and the Entry with the highest average score will be deemed the winner (the "Winner"), subject to paragraph 7, below.  The Winner will be determined, subject to Winner’s compliance with paragraph 7, on or about October 29, 2008.  The use of robotic or automatic devices for voting is prohibited, and WebVet reserves the right to nullify all such votes and to disqualify from voting the responsible individual(s).

6.  Grand Prize:  The Winner will receive a Grand Prize of Twenty-Five Hundred Dollars (US$2,500), payable by check made payable to the Winner.  WebVet may also offer the Winner an opportunity to have the bird featured in the winning video appear at promotional or media events on behalf of WebVet, at WebVet’s expense.  The Winner will be notified by phone and/or e-mail, and the Grand Prize will be mailed to the Winner at the address listed on the Entry (unless another method of delivery of the Grand Prize is agreed upon by WebVet and Winner).  The Grand Prize is awarded "as is" with no warranty or guarantee, either express or implied by WebVet.  The Grand Prize is not transferable.  Taxes related to the Grand Prize are the sole responsibility of the Winner, and WebVet shall have no responsibility or obligation therefor.  All other expenses and costs not expressly mentioned above shall be the sole responsibility of Winner.

7.  General:  

        a.  WebVet will make three (3) attempts to contact the potential Winner via phone within 24 hours from the time Winner is determined.  If WebVet is unable to reach the potential Winner in this manner within this time frame, WebVet shall have the right to disqualify such potential Winner; in such case, the Entry that received the next highest score in Judging/Voting Segment 2 shall be declared the Winner, subject to compliance with this paragraph 7.

        b.  As a condition to receiving the Grand Prize, after being notified by WebVet that he/she is the potential Winner, the potential Winner will be required to sign and return to WebVet (i) an affidavit of eligibility, (ii) a publicity release (except where prohibited by law), (iii) an agreement that confirms and grants WebVet ownership of the Entry and the exclusive right to publicize, post, exhibit, distribute, edit, modify, reproduce and/or display the Winner’s name and Entry through any and all means, in perpetuity throughout the world, in all media (whether now known or hereafter invented), in WebVet’s sole discretion (except where prohibited by law), (iv) a liability waiver and indemnity, and/or (v) any other documentation required by WebVet, within three (3) days (including weekends) of being provided such documentation by WebVet.  If all such documentation is not signed by the potential Winner and received by WebVet within such three (3) day time period, WebVet shall have the right to disqualify such potential Winner; in such case, the Entry that received the next highest score in Judging/Voting Segment 2 shall be declared the Winner, subject to compliance with this paragraph 7.  The documentation set forth in this sub-paragraph will be mailed by WebVet via overnight mail with a pre-paid overnight return envelope included.  Return of such documentation as undeliverable may result in disqualification of the potential Winner and the selection instead of an alternate Winner.  

        c.  Entrant, and all Entrants, including the Winner, as a condition of Entry into the Contest, hereby agree to and do release WebVet, its parents, subsidiaries, affiliated companies, vendors (including but not limited to website hosting company, server host, etc.), representatives, promotional and advertising agencies, attorneys, officers, directors, shareholders, members, employees, agents, assigns and all others associated with the development and execution of this Contest (collectively the "Released Parties") from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with:  (i) submitting an Entry or otherwise participating in any aspect of the Contest, (ii) the creating, filming, or otherwise producing the Entry, (iii) the malfunction of any hardware of software used in connection with posting Entries to the Contest Website, voting, or selecting the Winner, (iv) unauthorized human, Internet, computer, telephone, e-mail, or other mechanical intervention in connection with this Contest, (v) WebVet’s posting the Entry on the Contest Site or otherwise publicizing or displaying the Entry through any media, including claims that the Entry or anything contained in the Entry violates the statutory or common law right of any person or entity (including but not limited to rights of privacy and publicity), (vi) punitive, indirect, incidental or consequential damages, (vii) any typographical or other error in these Contest Rules or the announcement of the offering or awarding of the Grand Prize, and/or (viii) the receipt, ownership or use of the Grand Prize awarded.  

        d.  The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Contest which may limited the ability to participate in the Contest (whether as an Entrant, a voter or otherwise), or by any human error which may occur in the processing of the Entries in this Contest.  

        e.  Entrants understand and acknowledge that during the Contest Period, the Entries and/or Entrants (i) may be posted on the Contest Website or other websites on the Internet, (ii) may be included, mentioned and/or discussed on national, cable or local television, radio or other media, and/or (iii) may be written about or discussed in newspapers, magazines, ads, blogs, chat rooms, bulletin boards and elsewhere.  Entrants understand and acknowledge that the Released Parties may have no control over what is mentioned, posted, or otherwise discussed, or where it is mentioned, posted, or otherwise discussed, as set forth in the prior sentence, and Entrants hereby release the Released Parties from and against any actions, claims, injuries, losses or damages caused or potentially caused, directly or indirectly, by any such postings, mention, discussion, writings, comments, etc.  

        f.  Acceptance of the Grand Prize constitutes permission for WebVet to use Winner’s name, likeness and Entry for promotional purposes (including any possible public relations opportunities), in perpetuity, in all media (whether now known or hereafter invented) worldwide, without further compensation except where prohibited by law.  

        g.  WebVet reserves the right, in its sole discretion, to disqualify the Entry of any individual who tampers with or attempts to temper with the Entry process or the operation of the Contest or the Contest Website, who violates these Contest Rules, who acts in an unsportsmanlike or disruptive manner, or who acts in a manner that may annoy, abuse, threaten or harass any other person or animal.  

        h.  WebVet reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including but not limited to: infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort.  In such event, WebVet may choose to award the Grand Prize from eligible Entries received prior to cancellation if, and only if, in WebVet’s sole discretion, WebVet is able to properly and equitably proceed with Judging/Voting Segments 1 and 2 with respect to the Entries received prior to cancellation.

        i.  All finalists hereby release the Released Parties from any and all liability, claims or actions of any kind for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to any prize-related activity or otherwise.

        j.  All disputes regarding or relating to the Contest shall be resolved exclusively in the federal and state courts of the State of New York in accordance with the laws of New York, to whose jurisdiction Entrants and WebVet submit, with venue lying in the Borough of Manhattan, without resort to any form of class action.  Attorneys fees and costs shall be awarded to the prevailing party.

        k.  By entering this Contest, Entrant accepts and agrees to be bound by these Contest Rules.

8.  Winner:  For the name of the Grand Prize Winner, available on or about October 29, 2008, either check the Contest Website through November 29, 2008 or send a request along with a stamped, self-addressed envelope by November 29, 2008, to:  WebVet Birds On Broadway 2008 Contest, 706 W. Buena, Suite 1W, Chicago, IL  60613.

9.  Sponsor of Contest:  The Sponsor of the Contest is WebVet, LLC (referred to above as "WebVet"), 706 W. Buena, Suite 1W, Chicago, IL  60613.