OFFICIAL RULES – SQUARE 50
NO PURCHASE 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. FOR THE AVOIDANCE OF DOUBT, ENTRANTS ALSO INCLUDE A NOMINATED BUSINESS.
THE CONTEST WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATIONS AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) AS DIRECTED IN A NOTICE FROM SPONSOR OR PRIZE MAY BE FORFEITED IN SPONSOR’S SOLE DISCRETION. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT AND SUCCESSFULLY ANSWERING A SKILL-TESTING QUESTION MAY BE REQUIRED.
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH X CORP. fka TWITTER, INC. (“TWITTER” or “X”) OR META PLATFORMS, INC. (“INSTAGRAM”).
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Square 50 is sponsored by Block, Inc., 1955 Broadway, Suite 600, Oakland, CA 94612 (“Sponsor” or “Square”). These rules apply to entrants and voters located in Canada. US contest rules available here. In the event of a conflict between the US contest rules and the Canada contest rules, the Canada contest rules govern to the fullest extent permitted.
Square selected 50 businesses globally leveraging first-party data and internal insights to identify sellers who are leaders in ten (10) specific categories. All Square 50 selected businesses are Square sellers that are actively processing payments on Square’s platform.
Only current Square business customers who have been selected by Square and meet the eligibility criteria set out in this paragraph are eligible to be selected as one of the Square 50 selected businesses (each, a “Selected Square 50 Business”). In order to be eligible, a Selected Square 50 Business must be (i) an individual business owner who is a legal resident of their country of residence and who has reached the age of majority in their jurisdiction of residence on the date that voting begins; or (ii) a duly constituted and operating corporation or other legal entity. The Sponsor, and any of its employees, representatives or agents and the persons with whom they reside are not eligible to be Selected Square 50 Businesses.
Only the Selected Square 50 Businesses are eligible to receive votes (as outlined in Section 3 below) in their respective categories and to win prizes in this Square 50 contest.
By agreeing to participate, a Selected Square 50 Business grants Square the permission to use their name, tradename, image and/or likeness, location, and website link for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission.
Any individual meeting the voting eligibility criteria, including an individual who is involved in a Selected Square 50 Business, may vote for a Selected Square 50 Business in a Voter’s Choice category by filling out the voting form on the Square 50 landing page located at square.ca/en/square50 and the French version available at square.ca/fr/square50. Each submission will be considered a vote.
Voting for Selected Square 50 Businesses in Voter’s Choice categories will be open to individuals residing in Canada and who have reached the age of majority in their province or territory of residence. Voting will be open between October 11, 2023, at 4:00 a.m. EST and October 24, 2023, at 3:59 a.m. EST (the “Voting Period”).
There are no limits on the number of votes that may be filed by an individual. No mechanical or technical assistance is permitted. Once submitted, votes are final and cannot be changed by the voter.
4. Winner Selection
The Selected Square 50 Business who receives the highest number of votes in a given “Voter’s Choice” category will be selected as the Voter’s Choice honoree in that category (each, an “Honoree”). A total of 10 Honorees (one Honoree in each category) will be selected. Winner selection will take place on November 15, 2023.
In the event of a tie, the tie will be broken by random draw conducted by the Sponsor.
Subject to compliance with these Official Rules, each Voter’s Choice Honoree will become a Prize Winner.
5. Winner Notification
The Honorees will be notified by email within five (5) days following the selection of Honorees to the contact email address associated with their Square seller account (a “Winner Notification”).
After receiving a Winner Notification, the Honoree must, within sixty (60) days, notify Sponsor that it claims the Prize, execute an affidavit and release if required by Sponsor and provide all necessary information to Sponsor in order for Square to send the Prize.
To claim a Prize, an Honoree must follow the directions in his/her/their Winner Notification. If any Winner Notification or other Square 50 communication to a selected Honoree is rejected or returned as undeliverable, if a selected Honoree otherwise cannot be reached after a reasonable attempt has been made by Sponsor, or if the selected Honoree fails to respond to a Winner Notification and/or to execute and return the affidavit and release (if required) and accurately respond to a mathematical skill-testing question within the time periods set forth herein, the Prize will be deemed forfeited by the Honoree and an alternate honoree may be selected (time permitting) for the relevant Voter’s Choice category based on the original method of selection of honorees, in Sponsor’s sole discretion. Sponsor may only look to two (2) alternate honorees for the applicable category, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to reasonably modify the notification procedures in connection with the selection of any alternate potential Honoree or Prize Winner.
Once all conditions are fulfilled, the Honoree will become a Prize Winner for the relevant Voter’s Choice category and will be contacted by Sponsor via email to arrange Prize delivery, which may involve either confirming their shipping address and Sponsor sending the Prize (defined below) directly, or Sponsor providing a promo code for the Prize Winner to order the Prize directly from Sponsor’s website.
The Prize cannot be exchanged for cash or another prize, other than at the discretion of the Sponsor. Each Prize Winner is solely responsible for paying any federal, provincial, local, and income taxes and any other costs and expenses not expressly covered by Square in these rules. Any Prize details not specified in these Official Rules will be determined by Square in its sole discretion. Any other incidental expenses in relation to the Prize that are not specified herein are the Prize Winner’s sole responsibility.
A Prize may not be transferred and must be accepted as awarded. Square reserves the right to substitute a Prize with another prize of equal or greater value if the Prize is not available for any reason, as determined by Square in its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Square.
Square 50 Benefits
Each Selected Square 50 Businesses will receive all of the following: (a) a six (6) month extended free trial (including the automatic 30-day free trial period that may accompany certain Square software) to a Square software product they currently do not use, specifically one of Square Marketing, Square Loyalty, Square Invoices, or Team Management software; (b) early access to Square alpha and beta products,(c) one free Square 50 window cling, and (d) a digitized logo for use on their website. These benefits will be determined by Square in its sole discretion. For logo usage on websites, businesses will be required to complete and return an asset license agreement.
To take advantage of the extended free trial, each Selected Square 50 Business will need to provide payment information. If Selected Square 50 Businesses do not provide payment information, they will not be able to obtain this benefit. Upon conclusion of the free trial period, subscriptions will automatically convert into a paying subscription at the standard rate. For Square Marketing and Square Loyalty, Square 50 Businesses will be billed based on usage. For Invoices Plus and Team Management, Selected Square 50 Businesses will be billed at the standard monthly rate. Selected Square 50 Businesses can cancel the subscription anytime in their dashboard. If a Selected Square 50 Businesses elects to cancel their subscription during the course of the free trial, they will continue to have access to the product for the duration of the free trial, and will not be billed at the end, although Selected Square 50 Businesses will lose access to the feature when the free trial period concludes.
The value of benefits for Selected Square 50 Businesses varies, but have an approximate average value of CDN$1,200.
Voter’s Choice Prize
In addition to the benefits listed above for Selected Square 50 Businesses, each Prize Winner for a Voter’s Choice category will receive one (1) free Square hardware device of their choice. The value of each Voter’s Choice Prize will depend on the device selected, with a maximum total value of CDN$8,990.
7. Release and Limitations of Liability
By participating in the Square 50, each Selected Square 50 Business and each voter agrees to release and hold harmless Square, Instagram, Twitter and each of its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in Square 50 or receipt or use of any Prize, including, but not limited to: (a) unauthorized human intervention in the Square 50 (including the voting process); (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of Square 50 or the processing of votes; or (f) injury or damage to persons or property. Each business and voter further agrees that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. To the fullest extent permitted by applicable law, each business and voter waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
8. Additional terms
In the event that the operation, security, or administration of Square 50 is impaired in any way, Square may, in its sole discretion, suspend Square 50 to address the impairment and then resume Square 50. Square reserves the right to extend the Voting Period if it does not receive a sufficient number of Votes (as determined by Square, in its sole discretion) by the date set forth above. Square reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of Square 50, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. The failure of Square to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Square by mail shall not be deemed proof of receipt of that communication by Square. Square 50 is subject to federal, provincial, and local laws and regulations and is void where prohibited.
9. Disputes and Governing Law
BY PARTICIPATING IN SQUARE 50, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) 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 (US$10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 (US$10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Province of Ontario, without reference to conflicts of law principles, and the federal laws of Canada applicable therein, and will be brought exclusively in the courts of competent jurisdiction located in the City of Toronto, Ontario, Canada, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising from or relating to this contest or these Official Rules.