TAKING SQUARE OF BUSINESS
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
ENTRY VIA TWITTER OR INSTAGRAM ONLY AND A TWITTER ACCOUNT 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”), INC. OR INSTAGRAM, INC. (“INSTAGRAM”).
THE GRAND PRIZE WINNER 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, 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.
Taking Square of Business (“Contest”) is sponsored by Square, Inc., 1455 Market Street, Suite 600, San Francisco, California 94103 (“Sponsor” or “Square”),
The Contest is open only to legal residents of any one (1) the fifty (50) United States or the District of Columbia who are at least 18 years of age and at least the age of majority in their state of residence on the date of entry and who have an active Square Seller account. 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 their 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, brother, sister, children and grandchildren (including “step” as they may apply).
3. Contest Period:
The “Contest Period” begins at 9:00 am Pacific Time (“PT”) on May 22, 2016 and ends at 9:00 pm PT on June 10, 2016.
4. How to Enter:
Limit one (1) post per person, per Square Seller account. To participate and enter this Contest, individuals will need either a Twitter account (“Twitter Account”) or an Instagram account (“Instagram Account”). If you don’t already have a Twitter Account, visit www.twitter.com to create a Twitter Account; creating a Twitter Account is free. By submitting your information and creating a Twitter Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter Account.
If you don’t already have an Instagram Account, visit www.instagram.com to create an Account; creating an Instagram Account is free. By submitting your information and creating an Instagram Account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram Account. Once either a Twitter or Instagram Account is set up it must be set to “public”.
To enter the Contest, eligible individuals (“Entrants”) must use either Twitter or Instagram and create a post that (a) includes a picture of your Square device, and (b) a caption that describes (i) your business, (ii) what taking care of business means to you, and (ii) how Square helps you accomplish that. You must also include the hashtag #TakingSquareofBusiness AND #contest in the post caption (an “Entry”).
NOTE ABOUT TWITTER AND INSTAGRAM:
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 a potential winner’s responsibility to set his/her Twitter or Instagram Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
5. Winners Selection:
All Entries will be judged by a panel of judges (“Judges”) selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated: (a) creativity of image: 33 1/3%, (b) originality of caption: 33 1/3%, and (c) overall presentation: 33 1/3%. 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. All Judges’ decisions are final and binding in all matters relating to this Contest.
6. Winner Notification:
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. The Grand Prize Winner will be notified via email, or some other method of communication (a “Winner Notification”) on or around June 15, 2016. Any prize or Contest-related communication shall be rejected if the Grand 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 publicity, liability and other releases (unless prohibited by law) (collectively, the “Affidavit”) and any required tax documents without alteration and within seventy-two (72) hours of a notification attempt (which may require providing Winner’s Social Security Number for tax purposes) or the Entrant will forfeit the applicable Prize 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 participant. The Affidavit 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), if a Winner cannot attend or participate in any portion of the applicable Prize, or if the potential Winner fails to respond to a Winner Notification and/or 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 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 applicable 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 Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
Approximate Retail Value (“ARV”) of the Grand Prize: Five Thousand Dollars ($5,000.00) plus applicable taxes on the winning amount.
Prize elements will be deposited into the Grand Prize Winner’s Square Seller account in one of the 50 U.S. or DC, or other reasonable method as determined by Sponsor. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and a Winner 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 and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Grand Prize Winner because of incorrect or changed contact information. If the Grand Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of the Grand Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. 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 Entrants name, voice, persona, likeness, image, prize information, 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 or times, 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 from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
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, e-mail, 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, without limitation, 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 e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail 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.
AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, CONTEST ENTITIES, TWITTER AND 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 AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. 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.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. Additional Disclaimers.
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Grand 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 DOLLARS ($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 ($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 State of California, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California 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 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 Twitter or 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 potential 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 Twitter or Instagram service will be the responsibility of the registered account holder of the e-mail address for the Twitter or 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 CRIMINAL AND CIVIL 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.
13. Official Rules and Winner List:
For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to “Taking Square of Business, ATTN: Official Rules (or “Winner’s List”) Request, 1455 Market Street, Suite 600, San Francisco, CA 94103.” Rules requests must be received no later than one 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. Vermont residents may omit return postage for rules request.