NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility:The Foursquare “I Want Somewhere 2016” holiday promotion ("Promotion") is open only to legal residents of the contiguous forty-eight (48) United States and the District of Columbia who are at least eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor and its parent company, affiliates, subsidiaries, promotion agencies, suppliers and members of their immediate families are not eligible. For purposes of this Promotion, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Void in Alaska and Hawaii, and where prohibited by law. You are not authorized to participate in this Promotion if you are not located within the forty-eight (48) contiguous United States or the District of Columbia. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor:Foursquare Labs, Inc. 568 Broadway, NY NY 10012.
3. Timing:The Promotion begins on December 6, 2016 at 3:00:00 p.m. Eastern Time ("ET") and ends on December 25, 2016 at 11:59:59 p.m. ET (the "Promotion Period"). Sponsor is the official time-keeping device for this Promotion.
4. How to Enter:During the Promotion Period, go to IWantSomewhere.com (“Promotional Website”), read the Official Rules, complete required entry fields (if applicable), including identifying three (3) venues, and share or post your wish list (“Wish List”) to Facebook, Twitter or Instagram (“Social Channels”) in accordance with the below instructions:
If you choose to enter via Facebook, Twitter or Instagram using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
All entry information, including captions, photos, tweets, and posts shall be collectively referred to herein as “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
Only one (1) Submission per entrant/per day qualifies for entry in this Promotion. For example, if an entrant shares or posts his or her Wish List to Facebook, Twitter and Instagram on the same day, only the first post will count as an entry and only one (1) entry per day of the Promotion Period. Because entries may be submitted beginning on December 6, 2016, and the first Random Drawing Date (as defined below) is December 8, 2016, an entrant may submit one entry on each eligible day leading up to the first Random Drawing Date. No more than one person can enter using the same Social Channel account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different identities, registrations and logins on the Social Channels, or any other methods will void that entrant’s entry and that entrant may be disqualified. In the event of a dispute as to any registration, the authorized account holder of the Social Channel will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules.
All terms and conditions of Facebook.com, Twitter.com and Instagram.com apply. Multiple entrants are not permitted to share the same Facebook, Twitter or Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook, Twitter or Instagram accounts, identities, registrations and logins, or any other methods, will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
5. Submission Guidelines and Content Restrictions:
By entering the Promotion, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Promotion if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
6. Selection of Winners:One (1) winner per day (up to a maximum of eighteen (18) winners) commencing December 8, 2016 and ending December 25, 2016 (“Random Drawing Dates”) will be selected from all eligible entries received for each day’s random drawing. Sponsor’s decision regarding the result of the random drawing shall be final and binding. Odds of winning depend on the number of eligible entries received for each day’s random drawing. Non-winning entries will carry over to the subsequent day’s random drawings throughout the Promotion Period (if applicable). An entrant may only win one (1) prize. Potential prize winner will be notified via the Social Channel(s) the Wish List was shared to, in accordance with this Section 6, no later than five (5) business days after selection on the applicable Random Drawing Date. If a Facebook entrant is a potential winner, he/she will be notified by Sponsor by a direct message and/or comment to potential winner’s Submission on Sponsor’s Page. If a Twitter entrant is a potential winner, he/she will be notified by a retweet or reply to potential winner’s Submission and/or a Twitter direct message (note: in order to receive such direct message, potential winner has to (a) be following Sponsor on Twitter @Foursquare and (b) may have to have his/her Tweet Privacy settings “unchecked”). If an Instagram entrant is a potential winner, he/she will be notified by a direct message and/or by Sponsor posting a comment to the potential winner’s Submission on his/her Instagram account. Sponsor’s decision as to each day’s random drawing are final and no correspondence will be entered into. If Sponsor contacts the winner and does not hear back within five (5) business days, the winner will be disqualified and an alternate winner may be selected.
7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. Verification of Potential Winners:Receiving a prize is contingent upon compliance with these Official Rules. After being notified via the applicable Social Channel(s), the potential winner will asked by Sponsor to provide a valid email address within three (3) business days of notification. Each potential prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) that Sponsor will send to that email address, which must be received by Sponsor within five (5) business days of the date notice or attempted notice is sent, in order to claim the prize. If any potential winner is considered a minor in his or her jurisdiction of residence, the Affidavit of Eligibility, Liability and Publicity Release must be signed by his or her parent or legal guardian, and the prize will be delivered to and awarded in the name of said parent or legal guardian. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There may be up to three (3) alternate drawings (time permitting), after which the prize will remain unawarded.
Each daily prize winner will receive a $250 American Express gift card. Gift card terms and conditions apply. Approximate Retail Value of each prize: $250.
Approximate Retail Value of all prizes combined: $4,500.
For All Prizes: No cash equivalent and all prizes are non-transferable and Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes, fees, and unspecified expenses associated with prize receipt and/or use.
All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
10. Release:By participating in the Promotion, entrants and winners agree to release and hold harmless Sponsor, Facebook, Twitter, Instagram, and their subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action
11. Publicity: Except where imposing such condition is legally prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
12. License to Submission
By making a Submission or accepting any prize, you represent, warrant, and acknowledge the following: (a) all Submissions are your original creations; (b) none of your Submissions have been copied in whole or in part from any other work; (c) your Submissions do not violate or infringe any copyright, right of privacy, or right of publicity of any other person or entity; (d) Sponsor will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, reproduction, modification, publication, display or other exploitation of any of your Submissions; and (e) your Submissions do not contain any viruses, Trojan horses, worms or other disabling devices or harmful code.
You hereby grant Sponsor, without additional consideration, an irrevocable, perpetual, worldwide, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, publish, create derivative works from, display and/or otherwise exploit your Submissions or any element thereof, including your Wish List, and to incorporate it into other works, in any form, media, or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. You understand that you will not receive any compensation or credit for use of your Submission, other than what is described in these Official Rules. Please note that your Submission may be posted on the Foursquare services and/or website and/or the Promotional Website, whether or not you are selected as a winner. Sponsor is not responsible for any unauthorized use of your Submission by users of the Foursquare services or website, or of the Promotional Website. While Sponsor reserves these rights, Sponsor is not obligated to use your Submission for any purpose, even if it has been selected as a winning entry. If you do not want to grant Sponsor these rights to your Submission, please do not enter this Promotion.
All entrants retain ownership of the copyright in their entries submitted, subject only to the license granted in this Section.
13. General Conditions:Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, in the event of any fraud, technical failures or any other malfunctioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability:The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property participation in the Promotion or receipt or use or misuse of any prize. If the Promotion, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
15. Disputes/Choice of LawExcept where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The laws of the State of New York, without reference to choice of law rules, govern the Promotion and all aspects related thereto.
17. Name of Winner/List of Winners:To obtain a list of winners, send a self-addressed, stamped envelope by February 5, 2017 to: I Want Somewhere Promotion Winner List, Foursquare Labs, Inc. 568 Broadway, New York, NY 10012.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER OR INSTAGRAM (“SOCIAL MEDIA PLATFORMS”). YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR, AND NOT TO FACEBOOK, TWITTER OR INSTAGRAM.