OFFICIAL RULES - 12 Days of Christmas Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ENTRY VIA INSTAGRAM. ONLY AN INSTAGRAM ACCOUNT AND AN INTERNET CONNECTION ARE REQUIRED. “PRIVATE” INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM, INC. OR ITS AFFILIATES (“INSTAGRAM”).
PRIZE WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION 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 MAY BE REQUIRED.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES (“OFFICIAL RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY WITH ANY OTHER COMMUNICATIONS, INCLUDING ADVERTISING OR PROMOTIONAL MATERIALS, THESE OFFICIAL RULES PREVAIL.
12 Days of Christmas Giveaway (“Contest”) is sponsored by Squareup International Limited (“Sponsor” or “Square”),
The Contest is open only to residents of the Republic of Ireland who are at least 18 years old on the date of entry and who enter the Contest.Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or Sponsor’s corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Contest Entities”) are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, siblings, children and grandchildren (including “step” as they may apply).
3- Contest Period
The “Contest Period” begins at 8:00 AM Irish Standard Time (“IST”) on 1 December, 2022 and ends at 11:59 PM IST on 12 December, 2022. Prize Winners will be selected before 11:59 PM IST 24th December 2022.
4- How to Enter
To participate and enter this Contest, individuals will need a valid Instagram account (“Instagram Account”). Once an Instagram Account is set up it must be set to “public.” To enter the Contest, eligible individuals (“Entrants”) must use Instagram and fulfill the Contest’s eligibility requirement. During the Contest Period, Sponsor will post one Christmas Giveaway post a day, each post featuring a different Square seller. To enter the Contest on Instagram: Entrants must (1) comment on one the 12 Days of Christmas Giveaway posts posted on @SquareIreland’s instagram page, (2) tag another user on Instagram, and (3) follow @SquareIreland and Instagram account of the Seller mentioned on the post. You may enter once on each 12 Days of Christmas Giveaway post, but may only win once during the Contest Period.
You can unfollow Square and the sellers once the promotion and prize notification period has ended.
For purposes of this Contest, only Entries that are recorded through 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 Instagram database clock will be the official timekeeper for this Contest. All internet connection charges (including excess charges if an Entrant exceeds any data caps) to enter the Contest are the Entrant’s responsibility.
Instagram changes or unavailability:
Contest Entities are not responsible for any changes or unavailability of the Instagram service that may interfere with the Contest (including any restrictions, or conditions on Sponsor’s ability to use Instagram for the Contest) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via Instagram. In the event of any interference to Sponsor’s ability to conduct the Contest due to any of the above, Sponsor, in its sole discretion, may terminate or modify the Contest. It is a Prize Winner’s responsibility to set his/her Instagram Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
5- Prize Winner Selection
1 winner will be chosen at random from valid entries on each of the 12 days of Christmas Giveaway post.
6- Winner Notification
Sponsor reserves the right to contact Entrants for verification purposes and administration of the Contest. Prize Winners will be notified via instagram, or some other method of communication (a “Winner Notification”). Any prize or Contest-related communication shall be rejected if the Prize Winner does not respond according to Sponsor’s instructions. As a condition of entering the Contest and if required by the Sponsor, each Entrant agrees to complete, execute, and return a notarized affidavit of eligibility and general release related to publicity and liabilities (unless prohibited by law) (the “Affidavit”) and any required tax documents reasonably requested by Sponsor. The Prize Winners must submit the Affidavit and all other requested documents within seventy-two (72) hours of a Winner Notification attempt or the Entrant will forfeit the applicable Prize and an alternate Prize 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 Entrant. The Affidavit is subject to verification by the Sponsor. Prize Winner is responsible for the payment of all applicable taxes and fees related to receiving the Prize.
If (a) any Winner Notification or other Contest communication is rejected or returned as undeliverable, (b) a Prize Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), (c) a Prize Winner cannot attend or participate in any portion of the applicable Prize, or (d) the Prize Winner fails to respond to a Winner Notification or fails to sign and return the Affidavit (if required) within the time periods set forth herein, the Prize will be forfeited in Sponsor’s sole discretion and an alternate Prize Winner may be selected based on the original method of Prize Winner selection in Sponsor’s sole discretion. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate Prize Winner.
The twelve (12) Winners shall each receive a €100 voucher for the seller mentioned in the post they commented on. Approximate retail value (“ARV”) of each Prize is €100. Prizes may be subject to terms and conditions of their respective sellers.
Prizes will be delivered by email. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen Prize or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed contact information. Sponsor is not responsible for and Winners will not receive the difference, if any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. Sponsor is not responsible for any inability of any Winner to accept or use any Prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. If for any reason any prize-related event is delayed, canceled, or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Contest in its sole discretion and may award a substitute prize of equal or greater value. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
8- Licenses and Approvals
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Contest. In addition, by submitting an Entry in this Contest, Entrant grants the Contest Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit submissions and any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases, all Releasees (as defined in Section 8) from any and all liability related thereto.
9- Limitation of Liability
The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, email, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s email account. Sponsor is not responsible, and may disqualify Entrant, if his or her email address, telephone, or other contact information does not work, or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, Entrant’s sole remedy is another Entry in the Contest.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, CONTEST ENTITIES, INSTAGRAM AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, EXCEPT THAT NOTHING IN THESE OFFICIAL RULES WILL LIMIT SPONSOR’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
10- Additional Disclaimers
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
11- Disputes and Governing Law.
BY PARTICIPATING IN THE CONTEST, 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 CONTEST, 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 EURO (€10.00)], BUT IN NO EVENT WILL LAWYERS’ 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 EURO (€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 Ireland, without reference to its conflicts of law principles and will be brought exclusively in the Irish courts and each Entrant accepts and submits to the personal jurisdiction of these Irish courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.
12- General Rules:
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. 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 Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate Prize Winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Instagram Account as applicable, of record for the account submitting an Entry during the Contest Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each Prize Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion Any damage made to the Website, the Instagram service will be the responsibility of the registered account holder of the email address for the Instagram Account, as applicable, submitted at the time of entry.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.