“Give Us Your Best Bark” Contest

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The "Give Us Your Best Bark" ("Contest") is a video submission contest held in connection with the PIER 39 online promotional campaign and is subject to the following rules (the "Official Rules"). The administrator of this Contest is PIER 39, LLP ("Administrator"), located at Beach St. & The Embarcadero, Stairway 2, Level 3, San Francisco, CA 94133. The Contest will proceed as follows:

•Contest "Submission Period": The contest Submission Period will begin when the Contest Sites (defined below) go live on June 29, 2010 and ends on August 10, 2010 at 11:59 pm pacific time (PST).

•Contest “Judging” for the Top Five (5) Finalists: The Contest judging to determine the top five (5) Finalists that will appear on PIER 39’s website for public voting will take place on August 14, 2010 by PIER 39 selected judges.

•Finalist Notification: Notification of the five (5) Finalists will start on or about August 11, 2010 and will end on or about August 13, 2010. The five (5) Finalists will be contacted to confirm eligibility and obtain written releases according to Section 7 below.

•"Public Voting Period": On August 14, 2010 at 8:00 am PST through August  29, 2010 at 11:59 pm PST, visitors to the Contest Page on PIER 39’s website will have the opportunity to vote on the Finalists' submissions to determine the one (1) grand prize winner.

•Winner Announcement: The winners will be announced on or about August 31, 2010.

2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and Washington D.C. who have reached the age of legal majority in their state of primary residence at time of entry ("Entrant"). Each Entrant must be the rightful owner (or have authorized use) of the YouTube account utilized for the Contest. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the YouTube account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, PIER 39, Moor + South, the moderator of the Contest Sites, (collectively, the "Contest Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "household members" shall mean those people who share the same residence at least three months a year and "immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Contest void where prohibited.

3. HOW TO ENTER: During the Submission Period, Entrants may participate by visiting http://www.pier39.com ("Website") or www.facebook.com/PIER39 ("Social Media Site") (collectively, the "Contest Sites"). Entrant must follow the on-screen instructions to register and create a customized "Give Us Your Best Bark" video ("Submission"). Entrant must upload their video to the Entrants’ personal YouTube account.  The Entrant must then submit the link of their video to the PIER 39 Contest Page ("Application"). USE OF BOTH BRANDED ASSETS AND PERSONAL ASSETS MUST BE IN COMPLIANCE WITH THE SUBMISSION REQUIREMENTS AS DETAILED BELOW.  The Submission must be uploaded by July 13, 2010 at 11:59 pm PST. There is no limit to the number of Submissions that an Entrant may submit. However, each Entrant is only eligible to win one of the Prizes regardless of how many Submissions he or she submits. Entrants must provide all information requested to be eligible to win. A Submission will not be entered into the Contest until Entrant has provided the requested information and affirmatively accepted these Official Rules.

4. SUBMISSION REQUIREMENTS

a. The Submissions must meet the following guidelines:

(i) Submissions must be a minimum of 30 seconds and a maximum of one (1) minute in duration.

b. The Submissions must not violate the following content restrictions:

(i) Submissions must not contain material that (1) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (2) is bigoted, hateful, or racially or otherwise offensive; (3) discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (5) otherwise embarrasses harms or can reasonably be expected to embarrass or harm any person or entity; (6) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or (8) promotes, depicts or suggests alcohol, illegal drugs, tobacco, firearms or weapons (or the use of any of the foregoing), or any activities that may be construed as unsafe or dangerous, or promotes any particular political agenda or message.

(ii) In general, Submissions must not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation;

Famous or Recognizable Examples: As a general rule, photos or videos of anyone or anything famous or recognizable may not be included in a Submission. For example:

•Athletes (e.g., Barry Bonds, Tiger Woods, Terrell Owens) whether or not they're in uniform

•Celebrities (e.g., Martha Stewart, Barbara Walters, Rosie O'Donnell)

•Performers (e.g., a singer or musician) performing at PIER 39 where you can recognize the performer

•Animals (e.g., Spuds MacKenzie, Lassie)

•Trademarks (e.g., league/team logos, Nike Swoosh)

•Objects (e.g., Heisman Trophy, Stanley Cup, Emmy or Oscar)

Permitted Exceptions. However, Submissions may include ancillary uses of trademarks and copyrighted material (e.g., that are in the background or on clothing), for example:

•A person wearing a t-shirt that contains a PIER 39 logo

•A person standing on PIER 39 next to the PIER 39 Sea Lions on K-Dock

•A person standing on PIER 39 with a trademark or copyrighted material in the background

It is also permitted to include photos or videos of PIER 39, the PIER 39 Sea Lions and products of PIER 39.

(iii) Contest Materials (as defined below in Section 4) must NOT include third parties/people, who have not expressly authorized Entrant to feature their name, image, likeness or voice in the Submission or otherwise use such name, image, likeness or voice in accordance with these Contest Rules. Third Parties include but are not limited to celebrities, friends and minors who have not obtained parental consent prior to such participation. Entrants must provide on request all appropriate clearances, permissions and releases for the Contest Materials, including releases from all persons featured in the Contest Materials (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in its sole discretion, to disqualify the applicable Submission); and

(iv) Submissions must comply with the Contest Sites' Terms of Use.

Entrants who provide Submissions, which violate any of these requirements, may be deemed ineligible to receive the prizes and their Submission may be void at the Contest Entities' sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Contest Sites' Terms of Use. Contest Entities reserve the right to allow for minor fluctuations between the Entrant's timing device and the actual runtime of the Submission, based on clear intent to comply with the Official Rules, as determined in the sole discretion of the Administrator or Sponsor. Incomplete or unintelligible entries will be disqualified. The Administrator and Sponsor reserve the right to determine in their sole discretion which Entries have satisfied these Official Rules. SUBMISSIONS MUST BE SUBMITTED IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of Contest-related materials. Assurance of delivery of Submissions will be the sole responsibility of the Entrant.

The following terms apply to the Contest Materials and Branded Assets. Entrants must follow the directions that appear in connection with the Contest. The Administrator and Sponsor are not responsible for any loss of data or damage to Entrant's software or hardware or other loss or damage caused by failure to follow the directions. By entering the Contest, each Entrant acknowledges and agrees that: (a) Entrants will acquire no right, title or interest in the Contest Materials and/or Branded Assets, and (b) any use of the Branded Assets other than as permitted by these Official Rules may constitute copyright infringement. The Branded Assets and Contest Materials may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the Contest Sites), posted to any third-party websites, or used for any commercial purpose. Except to the extent permitted by applicable law, Entrant must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting the Branded Assets and/or Contest Materials. No warranty is given about the quality, functionality, availability or performance of the Branded Assets or the Contest Materials. Contest Entities reserve the right to modify or withdraw any or all of the Branded Assets at any time. To the fullest extent permitted by law, the Contest Entities disclaim all liability for any loss of data, damage caused to an Entrant's software or hardware, and any other loss or damage suffered by an Entrant or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of entering the Contest, or utilizing the Branded Assets. Access to and use of the Branded Assets and/or the Contest Materials may be restricted by other specific terms and conditions that appear on the site.

4. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, the Administrator and Sponsor reserve the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Contest. The Administrator and Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.

5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, or alter and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, biographical data, and material submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the "Contest Materials"), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Contest Materials may be posted on the Contest Sites in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Contest Materials on the Contest Sites. Each Entrant authorizes the Sponsor to utilize, or allow others to utilize, in perpetuity and in any manner they see fit, the Submission provided to Sponsor, and to make derivative works from such Submissions for any purpose whatsoever including without limitation, to create promotional materials. Each Entrant releases the Contest Entities, and their successors, assigns and licensees, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant's Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share an Entrant's information with any third parties.

6. CONTEST JUDGING: Beginning on August 11, 2010 submissions will be judged by a panel of judges selected by PIER 39 ("Judging Panel") to determine the five (5) Finalists. Submissions will be scored on the following two (2) criteria:

1. Creativity: 50%

2. Relevance to the "Give Us Your Best Bark" theme: 50%

7. FINALIST NOTIFICATION: The top five (5) Finalists, as determined by the Judging Panel, will be notified by telephone and/or email on or about July 15 , 2010 and will be required to respond (as directed) to the notification within 72 hours (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case; the Administrator and Sponsor may select an alternate Finalist according to the Judging Panel results. Potential Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Administrator (the "Finalist Documents") within a reasonable amount of time, as determined by the Administrator in its sole discretion. Potential Finalists can NOT proceed to the Voting Period until all such properly executed Finalist Documents are returned. Once the Finalist Documents have been received by the Contest Entities in accordance with these Official Contest Rules, the five (5) Finalists will have their Submission posted on the Contest Sites for the Voting Period, described below in Section 8.

8. VOTING PERIOD: The five (5) Finalists will be ranked by visitors on the Contest Page on www.pier39.com according to their judgment and interpretation of the creative content. Submissions will be evaluated solely on the subjective opinions of the visitors who choose to participate in the voting process. The Submission which receives the highest number of votes during the Voting Period will be declared the Grand Prize winner, pending return of any necessary prize release forms. In the event of a tie, the Administrator and Sponsor will host a 24-hour "Final Voting Round" between tied Submissions in accordance with the aforementioned voting criteria. In the event of such a tie, additional details regarding the Final Voting Round will be made available on the Contest Sites. All decisions of the Administrator and Sponsor are final on all aspects of the Contest. There is a limit of one (1) vote per IP address, per day during the Voting Period and any required Final Voting Round.

9. PRIZES: The "Prize" for the Contest:

Grand Prize: One (1) Grand Prize (iPad) will be awarded. The Grand Prize consists of: One (1) Apple iPad. Approximate Retail Value ("ARV"): $499.00. Data service for the iPad will not be included with the prize. Winner will be responsible for purchasing and maintaining the monthly fee for the iPad data service plan and any other additional costs associated with the iPad.

All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer the prize to another person. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in its sole discretion. The value of the prize represents Sponsor's good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. If a prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor's sole discretion. Each Entrant is eligible to win only one Prize. Other restrictions may apply.

Winners will be responsible for all taxes (federal, state, local and/or income). No substitution, transfer or cash equivalent for a prize (or prize component), except that Sponsor, at its sole discretion, may substitute a prize (or prize component) with one of equal value due to prize unavailability. Any depictions of prize are for illustrative purposes only.

10. POTENTIAL WINNER NOTIFICATION: The potential winner will be determined based on the aforementioned Voting Period (and any required Final Voting Round) results. The potential winner ("Potential Winner") will be contacted via phone, email or overnight mail. The potential winner will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on voting results. Potential Winner  will be required to return a Prize Claim Form. The Grand Prize will not be awarded until all such properly executed forms are returned. If a prize is worth $600 or more, the Winner of such prize must provide Contest Entities with a valid social security number for tax reporting purposes before the Prize will be awarded. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prize received. The IRS Form 1099 will be issued for the year in which the prize was fulfilled.

11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant acknowledges that any claim by Entrant relating to or arising out of a Contest Entities' actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

12. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: The Administrator and Sponsors shall have the right and sole discretion to edit, to refuse to post, or cease to post any Submission whatsoever which it finds to be in violation of the Official Rules, does not fully comply with all requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. The Sponsors also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant are withdrawn from or removed from the Contest for any reason, including without limitation, Entrant's failure to have documents executed as directed by the Contest Entities. Sponsor also reserves the right, in its sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winners from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. The Contest Entities are not responsible for any Materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of any Submission. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party websites that may be linked to the Contest website. This site may also be linked to Web sites operated by companies affiliated with Contest Entit