NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW ENTRY IS VIA TWITTER OR INSTAGRAM ONLY. A TWITTER ACCOUNT OR INSTAGRAM ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. “PROTECTED” TWITTER OR INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC. (“TWITTER”), OR INSTAGRAM, INC. (“INSTAGRAM”).
SquareStory (“Contest”) is sponsored by Square AU Pty Ltd, 360 Little Collins Street, Melbourne, VICTORIA, AUSTRALIA 3000 (“Sponsor” or “Square”).
The Contest is open only to individuals who are legal or permanent residents of Australia who are at least eighteen (18) years of age and have reached the age of majority in their state or territory of residence at the time of entry and who have an active Square seller account (“Square Account”). Directors, officers, agents and employees of Square (including the Panel (defined below)) and all of its affiliated and associated entities and divisions (collectively, “Contest Entities”), their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled are not eligible.
3. The Rules
By entering the Contest, each eligible entrant (“Entrant”) accepts the terms and conditions of these Contest rules and regulations (the “Rules”) and agrees to be bound by them. The Contest is subject to all applicable federal, state, territorial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
4. Contest Period
The Contest begins Monday, February 27, 2017, at 12:00 am Australian Eastern Daylight Time (“AEDT”) and ends Thursday, March 9, 2017, at 11:59 pm AEDT (“Contest Period”).
5. How to Enter
(a) Required Accounts. To participate and enter this Contest, Entrant will need to have an active Square Account AND either a Twitter account (“Twitter Account”) or an Instagram account (“Instagram Account”). For information on registering for a Square Account, including information on prohibited businesses and business activities and required terms and condition for a valid account, please refer to the Square Seller Agreement located at www.squareup.com/au (the “Website”). If Entrant doesn’t already have a Twitter Account, visit www.twitter.com to create a Twitter Account; creating a Twitter Account is free. If Entrant doesn’t already have an Instagram Account, visit www.instagram.com to create an Account; creating an Instagram Account is free. Once either a Twitter or Instagram Account is set up it must be set to “public.”
(b) To enter the Contest for a chance to win the one (1) Prize, each Entrant must log on to their Twitter Account and/or Instagram Account and submit an entry (the “Entry”), as follows; (i) post a photograph of a Square device used in Entrant’s business; (ii) add a caption that includes a story of Entrant’s business — what you do, how you got started, the hurdles you overcame, etc.; and (iii) include the hashtags: #contest and #SquareStory to the caption.
(c) ONLY ONE (1) ENTRY PER SOCIAL MEDIA CHANNEL. EACH ENTRANT IS PERMITTED TO ENTER UP TO TWO (2) ENTRIES, ONE (1) ENTRY ON THEIR TWITTER ACCOUNT AND ONE (1) ENTRY ON THEIR INSTAGRAM ACCOUNT. In addition, each Entrant must follow Square on the social media channel of their Entry, Twitter and/or Instagram, as the case may be. Entrants can unfollow Square after the Selection Date (defined below).
(e) For purposes of this Contest, only Entries that are recorded through Twitter or Instagram’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. The Twitter and Instagram database clock will be the official timekeeper for this Contest. NOTE: Sponsor may not receive entries from Twitter or Instagram users with “protected” or “private” accounts (i.e., user has set their Twitter, or Instagram Account or so that only people the user has approved can view their posts) due to the way Twitter or Instagram operates its service. Twitter or Instagram posts not received by Sponsor during the Contest Period will not be entered into the Contest. Multiple Entrants are not permitted to share the same Twitter or Instagram account. Attempts made by an individual to submit Entries in violation of these Rules by using multiple, or false contact information, or otherwise, may be disqualified.
(f) Each Entry must at all times be in compliance with all applicable policies, rules, terms and conditions of Twitter or Instagram, as the case may be, and its respective functionalities. The Entry cannot contain any visible logos, drawings, cartoons, phrases, trademarks or any other unauthorised third party materials other than the Square or the logo or trademark of the business of the Square Account. The Entry may be used internally by Sponsor, in whole or in part, for its own employee training and publicity purposes, and as otherwise permitted hereunder. Nothing herein will obligate Sponsor to use the Entry, in whole or in part. All eligible Entries for the Contest must be made and received by Sponsor by end of the Contest Period and must comply with the terms hereof.
(g) Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant whose Entry (i) contains images of individuals who have not provided their written authorisation, (ii) is prohibited by the Square Seller Agreement, or (iii) contains, in whole or in part, obscene, defamatory, libelous, threatening, pornographic, profane, lewd, violent, illegal, fraudulent, graphic or vulgar content, slander, nudity, violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations or is otherwise deemed by Sponsor, in its sole and absolute discretion, to be offensive or inappropriate or inconsistent with the spirit or theme of the Contest or with the Sponsor brand.
(h) Any attempt by any Entrant to make or submit more than one Entry per Instagram or Twitter account whether by using multiple Instagram or Twitter accounts, identities, registrations, by posting duplicate, or near duplicate Entries, or any other methods, will be considered null and void and will cause the disqualification of such Entrant from the Contest. Any entries by third parties, or generated by a script, macro, bot, or by any other automated means whatsoever, or that contain typographical errors, are altered, tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance with the Rules or not in compliance with the general terms and conditions applicable to Twitter or Instagram, as the case may be, and its respective functionalities, will be considered null and void and will cause the disqualification of such Entrant from the Contest. Repeated violations of the foregoing may render such Entrant, and the associated Square Account, ineligible for future contests or promotions offered by Sponsor. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Contest.
(i) Contest Entities are not responsible for any changes or unavailability of the Twitter or Instagram service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter or Instagram for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via Twitter or Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. It is Entrants’ responsibility to set their Twitter or Instagram account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages. It is each Entrant’s sole responsibility to notify Sponsor if there is any changes to the Twitter or Instagram account used for the purpose of Entry in the Contest.
(j) As a condition of entering the Contest, without limiting any other provision in these Rules, each Entrant consents to the Contest Entities obtaining and delivering his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Such third parties may use Entrants’ information for their own independent purposes in accordance with their own independent privacy practices.
6. Winner Selection
A panel of judges from Square (the “Panel”) will review the Entries received by the end of the Contest Period on the basis of (i) creativity of image: 33 1/3%; (ii) originality of caption: 33 1/3%; and (iii) overall presentation regarding Entrant’s Square story: 33 1/3% (collectively, the “Selection Criteria”), it being understood that the object of the Contest is to promote entrepreneurship and creativity and to further Sponsor’s mission of making commerce easy for everyone. This is a game of skill and chance plays no part in determining the Prize Winner (defined below). In the event of a tie, the tiebreaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie. The Panel will then select and announce one (1) Prize Winner at the Sponsor’s offices identified in Section 1, at approximately 12:00 p.m. AEDT on March 17, 2017 (the “Selection Date”). Odds of winning the Prize will vary depending on the number of eligible entries received by end of the Contest Period. The Panel’s decision is final and binding.
One (1) grand prize consisting of free processing fees for up to twenty thousand Australian dollars (AUD$20,000) of sales (the “Prize”) will be awarded. The approximate retail value of the Prize is based upon the winner’s payment processing transactions, up to a maximum of AUD$500. All monetary amounts herein are calculated in Australian dollars. The Contest will have one (1) Prize winner (the “Prize Winner”) in total. The Prize Winner will not be entitled to receive the balance of any amount representing the Prize’s maximum approximate retail value and the actual retail value of the Prize, whether in cash, gift cards or otherwise.
8. Winner Notification
(a) For the purposes of claiming his or her Prize, within two (2) business days of the Selection Date, the Prize Winner will be contacted by Sponsor (the “Winner Notification”) through a public message on Instagram or Twitter via a comment on his or her Entry or his or her Instagram or Twitter name informing him or her that he or she has the winning Entry and asking him or her to get in touch with a Sponsor representative (the “Representative”) by email or telephone within ten (10) business days (the “Claim Date”). Once the Prize Winner has been in touch with the Representative by e-mail or telephone by the Claim Date, such selected Prize Winner will be required to provide the Representative with evidence satisfactory to Sponsor in its sole and absolute discretion demonstrating that Entrant has met all eligibility and Entry requirements in this Contest. Sponsor will not be responsible for failed attempts to contact a selected Prize Winner for any reason whatsoever, including, without limitation if any email communication is returned as undeliverable or if any telephone communication is unsuccessful or not returned. If a selected Prize Winner cannot be reached by the Selection Date or fails to contact the Representative as required, such selected Prize Winner may be disqualified and deemed to have forfeited the Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Sponsor may, in its sole and absolute discretion, choose to have the Panel select another Prize Winner from among the remaining eligible Entries on the basis of the Selection Criteria until such time as contact is made by email or telephone with such newly selected Prize Winner. If all or part of the Prize cannot be awarded due to actions or circumstances beyond the control of Sponsor, Sponsor may decide, at its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
(b) In addition to the eligibility and Entry requirements, the Prize Winner may be required to execute a full release and affidavit of eligibility that relieves the Contest Entities, and Twitter and Instagram, from any and all liability for injury associated with the Prize or any component thereof awarded to the Prize Winner, as well as satisfy any and all laws and regulations and other criteria required by the Prize Winner’s state or territory of residence (the “Release”). Should the Prize Winner not comply with the Rules, decline the Prize or any part thereof, or not claim the Prize by the Claim Date, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such selected winner will be disqualified and deemed to have forfeited the Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, and an alternate winner may be selected as described below. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that selected Prize Winner. Entrant’s eligibility is subject to verification by the Sponsor. If any Winner Notification or other Contest communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), or if the potential Winner fails to respond to a Winner Notification and/or to sign and return the Release (if required) within the time periods set forth herein, the Prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. If legitimately claimed in compliance with these Rules, the Prize will be awarded. To claim the Prize, a Winner must follow the directions in his or her Winner Notification.
(c) The Prize Winner will be entitled to be awarded the Prize on the date on which the eligibility qualifications of the Prize Winner have been satisfied (the “Award Date”). The Prize will be deposited into the Prize Winner’s Square Account, or other reasonable method as determined by Sponsor, within twenty (20) business days of the applicable Award Date. Sponsor reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Prize or any component thereof to the Prize Winner in the event that delivery is not possible due to any cause beyond the control of Sponsor.
(d) The Prize must be accepted as is, and cannot be redeemed for gift cards or any other pre paid cards of any kind, in whole or in part. No component of the Prize may be returned after pick up or delivery, as applicable. The Prize cannot be combined or used in conjunction with any other Square contest or offer. No cash, product substitution or prize equivalent will be permitted. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by the Prize Winner will be made.
(e) If, by reason of a typographical or other error, more Prizes are claimed than the number set forth in the Rules, all individuals making purportedly valid claims will be included in a random draw to award the advertised number of Prizes available. No more than one (1) Prize will be awarded in connection with the Contest.
9. Rights Granted to Contest Entities
(a) By submitting an Entry for the Contest, each Entrant accepts and agrees to the Rules and any decision made by Sponsor in its sole discretion regarding the Contest. By entering the Contest, each Entrant irrevocably grants to the Contest Entities, each of its subsidiaries, successors, assigns, agents and licensees, without limitation and in perpetuity, the right and license to (i) incorporate, use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately transmit, have transmitted, create derivative works based upon, and promote his or her Entry, in whole or in part, without additional compensation or consideration of any kind, for all purposes set out herein in connection with the Contest as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world, whether now known or hereinafter devised and/or any Sponsor online social networking and media marketing web pages, for Sponsor employee training and publicity purposes, and all forms of print, radio, television, home video, and other digital and/or interactive “electronic” media, in perpetuity, without restrictions as to changes or alterations thereof (except where prohibited by law); and (ii) include their name and information (including email address, and the business information of the Square Account) on any of Sponsor’s mailing/email lists and for any live person to person calls for promotional purposes relating to Sponsor, and to use their name (and the business information of the Square Account) in any publicity carried out by Contest Entities, and agree to grant to Contest Entities a non exclusive irrevocable license and right to incorporate, use and reproduce their photograph, voice, name (including the business information of the Square Account), actual or simulated likeness, biographical information, city or original hometown and state or territory of residence, including their respective Entry, without additional compensation, in whole or in part in and in connection with the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world whether now known or hereinafter devised, including without limitation, the Website, and/or any Square online social networking and media marketing web pages, and all forms of print, radio, television, home video, and other digital and/or interactive “electronic” media, in perpetuity.
Except as otherwise provided herein, all expenses related or incidental to the receipt and/or use of the Prize, including any and all surcharges, fees (including without limitation Square processing fees), taxes (federal, state, territorial and local), will be the sole responsibility of the Prize Winner. Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Without limiting the generality of the foregoing, all fees, costs and expenses of any kind whatsoever not specifically stated herein to be the responsibility of Sponsor, will be the sole responsibility of the Prize Winner. The Prize and every component thereof is non refundable, non transferable and may not be reissued or revalidated in whole or in part.
11. Representations and Warranties
By uploading an Entry in the Contest, each Entrant represents and warrants that: (a) Entrant is the sole unrestricted owner of the Entry (and all rights in relation to the Entry) and has the right to upload it on Instagram or Twitter, as the case may be, for the purposes of the Contest;
(b) Entrant has obtained, prior to submission of the Entry, all rights, authorisations, releases or consents required in connection with the use and display of the Entry for the purposes set out in the Rules including those required in connection with the use of the logo or trademark of the business of the Square Account;
(c) the Entry is original and no component thereof has been previously published nor has it won any award;
(d) the Entry or any component thereof (and its use as permitted by these Rules) does not violate or infringe upon the intellectual property or other rights of any third party, including any creator of the Entry or any person appearing in or otherwise identifiable from the Entry, including copyrights, moral rights, trademarks or rights of privacy or publicity;
(e) the Entry is appropriate for family viewing and presents content that is suitable for the public at large; and
(f) the Entry complies with the Rules.
12. Release & Limitation of Liability
(a) To the extent permitted by law, each Entrant hereby releases, discharges and saves harmless Contest Entities from any and all claims, demands, actions, causes of action, damages, liabilities, costs, losses and expenses without limitation, including as may be related to invasion of privacy, infringement of his or her rights of publicity or personality, defamation, libel, slander and/or any other personal, moral and/or property rights in any way arising out of Entrant’s participation in the Contest and the use of the Entry by Contest Entities in connection therewith. Without limiting the foregoing, each Entrant hereby waives any and all moral rights in and to the Entry to the fullest extent permissible by law, including without limitation, the right to prevent any modifications, adaptations, additions, or deletions to the Entry or any right of inspection or approval in respect thereof.
(b) All Entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, Entrants release and forever discharge Contest Entities, Twitter and Instagram and each of their respective parent companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors, shareholders, representatives, licensees, franchisees, advertising and promotion agencies, successors and assigns from any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest or resulting from the acceptance, possession, or use or misuse of the Prize granted herein or any other prize that may be awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
(c) BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND CONTEST ENTITIES ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED THE APPROXIMATE RETAIL VALUE OF THE PRIZE, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED THE APPROXIMATE RETAIL VALUE OF THE PRIZE, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF OR TRIAL BY JURY.
(a) If for any reason the Contest is not capable of running as planned due to (i) infection by computer virus, bugs, tampering (including, without limitation, on Twitter or Instagram), unauthorised intervention, fraud, technical failures, technical malfunctions or any other causes corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Contest, (ii) insufficient entries, or (iii) any other cause beyond the control Sponsor, Sponsor reserves the right, in its sole and absolute discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest in whole or in part and/or modify the Rules. Without limiting the generality of the foregoing, Sponsor reserves the right to prohibit an Entrant from participating in the Contest if it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other Entrants. Any attempt by anyone to damage or disrupt the contest or undermine the legitimate operation of the Contest will be considered a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages or other remedies from any such person to the fullest extent permitted by law, including criminal prosecution.
(b) Sponsor will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible Entries that may occur in the administration of the Contest. Sponsor will not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Contest, for any printing or typographical errors or problems in connection with any Contest related materials, or for any computer, online, human or technical malfunctions that may occur in the administration of the Contest, including problems with any computer on line systems, servers, or providers, computer equipment, software, failure of any e mail or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an Entrant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any Contest related materials.
(c) Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Rules.
(d) For a copy of these Rules and/or information on the winning Entry, send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to “Square Story, ATTN: Official Rules / Winner’s List Request, 360 Little Collins Street, Melbourne, VICTORIA, AUSTRALIA 3000.” Rules requests must be received no later than one (1) month after the end of the Contest Period and winner’s list request must be received within three (3) months of the end of the Contest Period.