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Sponsor
#SquareOne (“Contest”) is sponsored by Square, Inc., 1455 Market Street,
Suite 600, San Francisco, California 94103 (“Sponsor” or “Square”),
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Eligibility:
The Contest is open only to legal residents of any one (1) of the fifty
(50) United States or the District of Columbia (void where not
permitted), 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).
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Contest Period:
The “Contest Period” begins at 9:00 am Pacific Time (“PT”) on April 1, 2019 and ends at 9:00 pm PT on September 30, 2019.
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How to Enter:
To participate and enter this Contest, individuals will need an
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 create a post that (a) includes a picture from your
business, and (b) a caption that describes (i) your business’ journey
from #SquareOne to where you are today (#SquareOne is defined as the
beginning phase of your process as an entrepreneur), and (ii) how Square
helped you accomplish that along the way. You must also tag @Square and
include the hashtag #squareone AND #contest in the post caption (an
“Entry”).
In addition, Entrants must follow @Square on Instagram
(instagram.com/square). You can unfollow Square once the promotion and
prize notification period has ended. Sponsor, in its sole discretion,
may accept a technically incorrect hashtag. Sponsor may disqualify
entries if the Entry and related tag includes inappropriate, offensive,
or other derogatory language or information. Sponsor reserves the right
to remove, reject, or disqualify (along with the entrants who submitted
them) any Entry or related tag which, in its opinion, (a) violates any
of these Official Rules, the terms of service and privacy policy of
Instagram, as applicable, (b) infringes, misappropriates, or violates
any rights of any third party including, without limitation, patent,
copyright, trademark, trade secret, or right of privacy or publicity, or
(c) is otherwise inappropriate for inclusion in the Contest. 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. NOTE: Sponsor may not receive entries from Instagram
users with “protected” or “private” updates (i.e., user has set their
Instagram Account or so that only people the user has approved can view
updates) due to the way Instagram operates its service. Instagram posts
not received by Sponsor will not be entered into the Contest. Multiple
entrants are not permitted to share the same Instagram account. Attempts
made by an individual to submit Entries in violation of these Official
Rules by using multiple or false contact information or otherwise may be
disqualified. Entries that are generated by a macro, bot, or other
automated means will not be accepted and will be void. Entries made by
any other individual or any entity or group, or originating at any
website other than as set forth specifically above, including, without
limitation, through commercial sweepstakes subscription notification or
entering services, will be declared invalid and disqualified for this
Contest. As a condition of entering the Contest, without limiting any
other provision in these Official Rules, each entrant gives consent for
Sponsor and its agents to obtain and deliver his or her name, address
and other information to third parties for the purpose of administering
this Contest and complying with applicable laws, regulations, and rules.
Such third parties may use your information for their own independent
purposes in accordance with their own independent privacy practices.
Except as otherwise contemplated in these Official Rules, Sponsor will
use personal information collected in connection with the Contest in
accordance with its online privacy policy, located here.
NOTE ABOUT INSTAGRAM:
Contest Entities are not responsible for any changes or unavailability
of the Instagram service that may interfere with the Contest (including
any limitations, any restrictions, or any conditions on Sponsor’s
ability to use 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 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 Instagram
Account as applicable, to accept contacts by Sponsor and to timely check
such account for any Sponsor direct messages.
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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.
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Winner Notification:
Sponsor reserves the right to contact participants for verification
purposes and administration of the Contest. Prize Winners will be
notified via email, or some other method of communication (a “Winner
Notification”) during the contest entry window. 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 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. Winner is responsible for the
payment of all relevant taxes and fees as related to the Prize.
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
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.
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Prize:
Approximate Retail Value (“ARV”) of the Prize: Five Hundred Dollars ($500.00).
Prize elements will be deposited into Prize Winner’s Square Seller
account as long as that account was registered in one of the fifty
states in the United States, or the DIstrict of Columbia, 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 a Prize
Winner because of incorrect or changed contact information. If a 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 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.
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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 Entrant’s 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, ENTRANT’S
IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY
BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING
PLACED ON A WINNERS’ LIST.
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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,
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
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.
AS A CONDITION OF PARTICIPATING IN THIS CONTEST, 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 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.”
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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.
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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.
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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 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 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
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.
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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 “#SquareOne, 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.
