General

#SquareTheLove - #CercleSquare

NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST (the “Contest”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 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 OR INSTAGRAM.
All monetary amounts herein are calculated in Canadian dollars.
The Contest is open only to individuals who are legal or permanent residents of Canada who are at least eighteen (18) years of age and have reached the age of majority in their province or territory of residence at the time of entry, except the directors, officers, agents and employees of Square, Inc. (including the Panel (defined below)) and all of its affiliated and associated entities and divisions (collectively, “Square”), 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. For greater certainty, it is understood that entrants who are minors in their jurisdiction of residence are not eligible to enter the Contest. In order to be eligible to participate in the Contest, an entrant must (i) be the owner or an authorized employee or representative of a legally recognized Canadian business (the “Business”), and (ii) have an existing Square Merchant Account (the “Account”) or be eligible for an Account. In order to be able to claim the Prize (defined below) as described in Section 12, a Prize Winner (defined below) will need to have an activated Account and must be a Square merchant in good standing. For information on Account eligibility and activation, including with respect to prohibited businesses and business activities and required terms and condition for an Account, please refer to the Merchant User Agreement on https://squareup.com/ca/en/legal/ua (the “Website”).
By entering the Contest, each 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, provincial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
In order to enter for a chance to win the one (1) Prize, each entrant must, between July 24, 2016 at 12:00 a.m. (Eastern time) and August 6, 2016 at 11:59 p.m. (Eastern time) (the “Entry Deadline”):
log on to his or her Business’ Twitter or Instagram account, insofar as the entrant’s account on Twitter or Instagram, as the case may be, is public so as to enable a public and unrestricted viewing of the Contest Media Package (defined below) for all users of Twitter or Instagram, as the case may be;
upload one (1) photograph or short video (respectively, the “Photograph” and the “Video”, and collectively, the “Entry Media”) of the services or products offered by his or her Business;
add the hashtags: #contest or #concours and #SquareTheLove or #CercleSquare to the description of the Entry Media and add a brief statement describing the Entry Media and how he or she uses Square to grow his or her business (the “Blurb”, and together with the Entry Media, the “Contest Media Package”). The Blurb must not exceed the maximum amount of words or characters permitted by Twitter or Instagram, as the case may be.
For the purposes of awarding the Prize, between August 7, 2016 and August 12, 2016, a panel of judges from Square’s head office (the “Panel”) will review the Contest Media Packages received by the Entry Deadline on the basis of (i) their overall quality, creativity and originality, and (ii) how compelling the Contest Media or Blurb in such Contest Media Package is with respect to how the entrant uses Square to grow his or her business (collectively, the “Selection Criteria”), it being understood that the object of the Contest is to promote entrepreneurship and creativity and to further Square’s mission of making commerce easy for everyone. The Panel will then select, in its sole and absolute discretion, and announce one (1) Prize winner at the head offices of Square in San Francisco, California, U.S.A. at approximately 12:00 p.m. Eastern time on August 12, 2016 (the “Announcement Date”).
An entrant must have a valid Twitter or Instagram account, as the case may be, at the time of entry and until the Claim Date (defined below) and his or her respective Contest Media Package 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 and must be in a format and size that is compatible with Twitter or Instagram, as the case may be. The Contest Media Package can only display the entrant and cannot include one or more third parties nor can it contain any visible logos, drawings, cartoons, phrases, trademarks or any other unauthorized third party materials other than the Square or the logo or trademark of the Business. The Contest Media Package may be used internally by Square, in whole or in part, for its own employee training and publicity purposes, and as otherwise permitted hereunder. Nothing herein will obligate Square to use the Contest Media Package, in whole or in part.
Square reserves the right, in its sole and absolute discretion, to disqualify any entrant whose Contest Media Package (i) contains images of any individuals who are under eighteen (18) years of age or individuals who have not provided their written authorization, (ii) is prohibited by the Merchant User 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 Square, in its sole and absolute discretion, to be offensive or inappropriate or inconsistent with the spirit or theme of the Contest or with the Square brand.
By uploading his or her respective Contest Media Package as set forth in Section 5, each entrant:
represents and warrants that he or she is the sole unrestricted owner of the Contest Media Package and has the right to upload it on Instagram or Twitter, as the case may be, for the purposes of the Contest;
represents and warrants that he or she has obtained, prior to submission of the Contest Media Package, all rights, authorizations, releases or consents required in connection with the use and display of the Contest Media Package for the purposes set out in the Rules including those required in connection with the use of the logo or trademark of the Business;
represents and warrants that the Contest Media Package is original and no component thereof has been previously published nor has it won any award;
represents and warrants that the Contest Media Package or any component thereof does not violate or infringe upon the intellectual property or other rights of any third party, including copyrights, trademarks or rights of privacy or publicity;
represents and warrants that the Contest Media Package is appropriate for family viewing and presents content that is suitable for the public at large;
represents and warrants that the Contest Media Package complies with the Rules, including Section 3; and
irrevocably grants to Square, its subsidiaries, successors, assigns, agents and licensees, without limitation and in perpetuity, the right and license to 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 Contest Media Package, 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 Square online social networking and media marketing web pages, for Square 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).
Each entrant hereby releases, discharges and saves harmless Square 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 his or her participation in the Contest and the use of his or her Contest Media Package by Square in connection therewith. Without limiting the foregoing, each entrant hereby waives any and all moral rights in and to the Contest Media Package to the fullest extent permissible by law, including without limitation, the right to prevent any modifications, adaptations, additions, or deletions to the Contest Media Package or any right of inspection or approval in respect thereof.
All eligible entries (Contest Media Packages) for the Contest must be made and received by Square by the Entry Deadline and must comply with the terms hereof. All entries become the property of Square. Any entries by third parties, or generated by a script, macro or by any other automated means whatsoever (including, without limitation, any electronic, robotic or computer automated or automatic contest entry program, tool, service, script, bot, macro, system or software, whether commercially developed or otherwise), 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 ineligible for future contests or promotions offered by Square. Odds of winning the Prize will vary depending on the number of eligible entries received by the Entry Deadline.
ONLY ONE (1) ENTRY PER BUSINESS IS PERMITTED. For greater certainty, it is understood that all additional Contest Media Packages submitted by a single Business whether by multiple entrants via multiple Instagram or Twitter accounts, by a single entrant via one or multiple Instagram or Twitter accounts, or otherwise, may be disqualified. Any attempt by any entrant to make or submit more than one Contest Media Package per Instagram or Twitter account or per Business whether by using multiple Instagram or Twitter accounts, identities, registrations, by posting duplicate, or near duplicate Contest Media Packages, or any other methods, will be considered null and void and will cause the disqualification of such entrant and/or Business from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Square.
One (1) grand prize consisting of one thousand dollars CAD ($1, 000.00) (the “Prize” will be awarded. The Contest will have one (1) Prize winner (the “Prize Winner”) in total.
For the purposes of claiming his or her Prize, within two (2) business days of the Announcement Date, an entrant will be contacted by Square through a public message on Instagram or Twitter via a comment on his or her Contest Media Package or his or her Instagram or Twitter name informing him or her that he or she has the winning Contest Media Package and asking him or her to get in touch with a Square representative (the “Representative”) by e mail 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 Square in its sole and absolute discretion demonstrating that he or she is in fact the Twitter or Instagram user, as the case may be, that posted the Contest Media Package as set forth in Section 5. Square will not be responsible for failed attempts to contact a selected winner for any reason whatsoever, including, without limitation if any e mail communication is returned as undeliverable or if any telephone communication is unsuccessful or not returned. If a selected winner cannot be reached by the Claim Date or fails to contact the Representative as required within the aforementioned time period for any reason whatsoever, such selected winner may be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Square may, in its sole and absolute discretion, choose to have the Panel select another winner from among the remaining eligible Contest Media Packages on the basis of the Selection Criteria until such time as contact is made by e mail or telephone with such selected winner. If all or part of the Prize cannot be awarded due to actions or circumstances beyond the control of Square, Square may decide, at its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
Square reserves the right to verify eligibility qualifications of any entrant or Prize Winner. In addition to the eligibility requirements set forth in Section 3, the Prize Winner must comply with the Rules and correctly answer a time limited, mathematical skill testing question (without the assistance of another person or mechanical device) (the “Skill Testing Question”) included as part of the Release (defined below) and/or administered by a representative of Square during a pre arranged, mutually convenient telephone call and/or as otherwise may be provided by Square. In addition to the foregoing and in order to be eligible to receive the Prize awarded hereunder, the Prize Winner will be required to execute (and notarize if required under applicable law) a full release and affidavit of eligibility in a form to be provided by Square which, inter alia, relieves Square 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 province or territory of residence (the “Release”). Should the Prize Winner not comply with the Rules (including if any one of the representations in Section 9 is false or cannot be made), decline the Prize or any part thereof for any reason whatsoever, not claim his or her Prize by the Claim Date, incorrectly answer the Skill Testing Question, not execute the Release, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such selected winner will be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Square will have no further obligation to the Prize Winner and may decide, in its sole and absolute discretion, to have the Panel select another winner from among the remaining eligible Contest Media Packages on the basis of the Selection Criteria, in which case the terms and conditions of Section 14, Section 15 and Section 16 herein will apply mutatis mutandis to such new Prize Winner.
The Prize Winner will be entitled to be awarded his or her Prize on the date on which the eligibility qualifications of the Prize Winner have been satisfied in accordance with Section 15 herein (the “Award Date”). The Prize will be deposited into the Prize Winner’s Account, or other reasonable method as determined by Square, within twenty (20) business days of the applicable Award Date. Square 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 as described in this Section 16 is not possible due to any cause beyond the control of Square. The name and/or Contest Media Package of the Prize Winner may appear on the Website and/or any Square online social networking and media marketing web pages (including, without limitation, Square’s Twitter, Instagram and Facebook pages) for no less than three hundred sixty five (365) days following the Award Date.
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 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.
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.
By submitting an Entry Post for the Contest, an entrant accepts and agrees to the Rules and any decision made by Square in its sole discretion regarding the Contest. By entering the Contest, all entrants irrevocably grant to Square the right to include their name and information (including e mail address) on any of Square’s mailing/e mail lists and for any live person to person calls for promotional purposes relating to Square, and to use their name in any publicity carried out by Square, and agree to grant to Square a non exclusive irrevocable license and right to incorporate, use and reproduce their photograph, voice, name, actual or simulated likeness, biographical information, city or original hometown and province or territory of residence, including their respective Contest Media Package, 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. Those individuals who do not wish that their personal information be used for such purposes are required to so indicate in writing to Square at the following address: 1455 Mission Street, Suite 600, San Francisco, California, USA, 94103; ATTENTION: LEGAL. For further information regarding the use of an entrant’s personal information by Square, please refer to the Square Privacy Policy on the Website.
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, provincial and local), and any travel or transportation costs (whether ground, air or otherwise), will be the sole responsibility of the Prize Winner. Square 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 Square, will be the sole responsibility of the Prize Winner. Square reserves the right to conduct background checks on entrants. The Prize and every component thereof is non refundable, non transferable and may not be reissued or revalidated in whole or in part.
Square will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible Contest Media Packages that may occur in the administration of the Contest. Square 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 Contest Media Package to be received by Square 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.
Subject to a contrary ruling by the Régie (defined below), 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 the Twitter or Instagram site), unauthorized 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) due to any other cause beyond the control Square, Square 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, Square 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, Square reserves the right to seek damages or other remedies from any such person to the fullest extent permitted by law, including criminal prosecution.
In the event of any dispute regarding Contest Media Packages received from multiple users having the same Twitter or Instagram account, Contest Media Packages will be deemed to be submitted by the authorized account holder of the Twitter or Instagram, as the case may be, account submitted during entry, but only if he or she meets all other eligibility criteria contained in the Rules. The “authorized account holder” is the natural person or Business who is assigned to the Twitter account by Twitter in respect of the Twitter account in question or the Instagram account by Instagram in respect of the Instagram account in question, as the case may be. The Prize Winner may be required to provide Square with proof that he or she is the authorized account holder of the Twitter or Instagram account associated with the winning entry, or forfeit his or her Prize.
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 Square, 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.
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 SQUARE 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 TEN DOLLARS ($ 10.00), 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, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($ 10.00), 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.
It is each entrant’s sole responsibility to notify Square in writing at the address indicated above if the Twitter or Instagram account he or she used for the purpose of entry as described in Section 5 is no longer valid or if he or she changes his or her Twitter or Instagram account or other contact information. All such corrections to the contact information of an entrant must be received by the Entry Deadline.
To the extent permitted by applicable law, if any of the terms of the Rules are or become invalid, are ruled illegal by the Régie (defined below) or any court of competent jurisdiction or are deemed unenforceable under then current applicable law, it is the intention of the parties hereto that the remainder of the Rules will not be affected thereby and will remain in full force and effect.
For Québec entrants, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
For an additional set of the Rules and/or the Contest winner’s name, visit the Website or send a written request by self addressed, stamped envelope (ensure that sufficient postage is included) to: 1455 Mission Street, Suite 600, San Francisco, California, USA, 94103; ATTENTION: LEGAL.