Foursquare Rewards Application Sweepstakes Terms
Last Updated: September 08, 2022
Sponsored by: Foursquare Labs, Inc., 50 W. 23rd Street, 8th Floor, New York, NY 10010
ARBITRATION NOTICE: THE PARTIES WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, THE PROMOTION.
NO PURCHASE OR POINTS NECESSARY TO ENTER OR WIN. NEITHER A PURCHASE NOR REDEMPTION OF POINTS WILL IMPROVE YOUR CHANCES OF WINNING.
The Foursquare Rewards Application Sweepstakes Programs, consisting of the Foursquare Daily Sweepstakes (“Daily Promotions”), the Foursquare Weekly Sweepstakes (“Weekly Promotions”), and the Foursquare Monthly Sweepstakes (“Monthly Promotions”) each referred to herein as a “Promotion” and collectively “Promotions”, are sponsored by Foursquare Labs, Inc. (“Foursquare” or “Sponsor”). Promotions beginning on or after the Effective Date are governed by these Official Rules (“Rules”). By participating in the Promotions, you agree to abide by these Rules, including all eligibility requirements, and understand that the results of the Promotions, as determined by Foursquare and its agents, are final in all respects. The Promotions are subject to all federal, state, provincial and local laws and regulations. These Promotions are open to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec), who have reached the age of majority in their jurisdiction of residence as of the entry date. Void outside of the 50 United States and the District of Columbia, in Quebec, and where prohibited, taxed or restricted by law. Employees, officers and directors of Foursquare and its subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Promotions may only be entered in or from the 50 United States, the District of Columbia, and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry.
2. Entry Period
The entry period for the Promotions (the “Promotion Period”) vary depending on the type of Promotion entered:
- Daily Promotions will run daily from 12:00 AM Pacific Time (“PT”) to 11:59 PM PT (the “Daily Promotion Period”).
- Weekly Promotions will run weekly from 12:00 AM PT on Tuesdays to 11:59 PM PT on Mondays (the “Weekly Promotion Period”).
- Monthly Promotions will run from 12:00 AM PT on the first day of the month to 11:59 PM PT on the last day of the month (the “Monthly Promotion Period”).
The eligible dates of entry for each Promotion Period will be as described in the Application.
3. How to Enter
You can enter the Promotions the following ways during the Promotion Period:
- Entry in the Application. From the main screen in the Application, click “Redeem.” On the redeem page, you can tap “Sweepstakes” or “All.” Select the Promotion(s) you wish to enter, type in how many entries you would like to submit and click “Enter Sweepstakes.” If you have not previously entered the Promotions via the Application, you may be required to enter and verify your email address in order to submit your entry.
- Entry by Mail. Hand print your full name, address, email address, age, signature, and whether you would like to enter the Daily, Weekly or Monthly Promotion on a piece of paper (no larger than 8.5″ x 11″) and mail in a hand-addressed envelope with proper postage to: FOURSQUARE SWEEPSTAKES – ENTRY REQUEST, 50 W. 23rd St., 8th Floor, New York, NY 10010. Mail-in entries must be mailed by regular mail and postmarked no later than the final day of the Promotion Period and received within one week of the end of the Promotion Period.
By entering a Promotion, entrants fully and unconditionally agree to be bound by these Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Promotion.
Entries produced and/or submitted using a third party, a sweepstakes entry service, an automated launching or entry software or service, or a mechanical or electronic means that permits the participant to generate multiple entries, automatically register and/or enter repeatedly are prohibited and void. Foursquare may also disqualify from eligibility in all Promotions any entrant who has used any of the foregoing means.
4. Drawing and Notification
Within seven (7) days of the end of each Promotion Period, a potential winner will be drawn at random from among all eligible entries received for each of the Promotions. Potential winners will be notified by email within three (3) days of the drawing date. If the potential winner is Canadian (excluding Quebec), to be declared an official winner, he or she must correctly answer a time-limited mathematical skill-testing question without assistance of any kind whether mechanical or otherwise. If potential winner cannot be contacted within seven (7) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if the potential winner fails to correctly answer the mathematical skill-testing question or if any potential winner rejects his/her prize or in the event of non-compliance with these Rules, such prize will be forfeited and an alternate potential winner will be selected from all remaining eligible entries. If the potential winner cannot be contacted, is disqualified, or the prize cannot be delivered for any reason, up to five (5) alternate drawings will be held, after which point, if a potential alternate winner is unable to be secured, the prize will remain unclaimed. Upon prize forfeiture, no compensation will be given. Sponsor may, in its sole discretion, also request the potential winner to, where permissible, sign a Declaration of Eligibility . Failure to do so within the applicable time period will result in the disqualification of such potential prize winner. The odds of winning depend upon the number of entries received for each Promotion.
5. Prize Details
The prize and the approximate retail value of the prize for each of the Promotions is described on the “Choose Reward” screen of the Application. Winners are not entitled to any surplus or difference between actual prize value and stated prize value. All expenses or costs associated with acceptance of the prize not provided for in these Rules, including any applicable taxes, are the sole responsibility of the winner. In the case of unavailability of any prize, Foursquare reserves the right to change the prize to one of equal or greater value, and may award the prize as a gift card or code. Gift card and code terms and conditions apply for any gift card or code prizes. Foursquare expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. Foursquare makes no representation or warranties concerning the appearance, safety or performance of the prize awarded. The prize is non-transferable and is not redeemable for cash. There are no third party beneficiaries to these Rules.
Limit one (1) prize per person, per Promotion.
6. Winner Responsibilities
If Foursquare requests additional information or the completion of additional forms, potential winners must respond within seven (7) days of notice with all information requested from Foursquare for Foursquare to deliver the prize. Additional forms may include a W-8, W-9, Declaration of Eligibility. Failure to respond within seven (7) days of notice will indicate definitively that the prize has been declined and an alternative winner will be selected.
ALL FEDERAL, STATE, PROVINCIAL AND LOCAL TAXES ASSOCIATED WITH THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
7. Privacy and Use
For purposes of announcing Promotion winners, Foursquare reserves the right to publish the winner’s first name and last initial on Sponsor’s Sweepstakes Winners page.
8. Additional Terms and Conditions
Foursquare reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend any Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotions. In such a case, Foursquare may select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action is taken by Foursquare. Foursquare reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or Application. Foursquare may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Foursquare representatives. Persons found tampering with the Promotions in any way whatsoever to gain an unfair advantage, violating the fair play or spirit of the rules, or abusing any aspect of this Promotions will be disqualified. Foursquare reserves the right to correct any typographical, printing, computer programming or operator errors, including, without limitation, computer errors that erroneously award prizes. In case of dispute as to the identity of any entrant, the authorized account holder of the email address used to register the Foursquare account 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. Each potential winner may be required to show proof of being the authorized account holder. Sponsor’s failure to enforce any provision of these Rules in a given instance is NOT a waiver of such provision. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision of the Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof.
9. Indemnification and Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BY ENTERING A PROMOTION, YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS FOURSQUARE AND ITS AFFILIATES, AND SUBSIDIARIES, INCLUDING ADMINISTRATORS, ADVERTISING AND PROMOTIONAL AGENCIES, ATTORNEYS, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE PROMOTION, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE OR ITS DELIVERY. RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTIONS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the generality of the foregoing, Sponsor, and its agencies are not responsible for late, lost, illegible/garbled, corrupted, incomplete, inaccessible, damaged, or misdirected entries or for unrecorded or improperly recorded entries, all of which are void. Sponsor and its agencies also assume no responsibility for (a) any incomplete, incorrect, or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotions or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Application or any entries, including filtering or other operation of a social media platform; and © any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, programming, or failure of email on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or for injury or damage to entrant’s or to any person’s computer or mobile device (or any information/materials stored therein) related to or resulting from downloading materials from any website or participating in the Promotions.
Any controversy or claim arising out of or relating to these Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, not as part of a class, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
11. Winners List
To obtain a winners list for Promotions, up to 120 days after the Promotion’s end date, visit Sponsor’s Sweepstakes Winners page. To obtain a winner’s list for other Promotions, write your name and complete address on self-addressed, stamped envelope and mail it in an envelope to: [NAME OF PROMOTION], Foursquare Promotion – Winners’ List Request, 50 W. 23rd St., 8th Floor, New York, NY 10010. You must include the specific name of the Promotion, including whether it is the daily, weekly or monthly Promotion.
Sponsor: Foursquare Labs, Inc., 50 W. 23rd Street, 8th Floor, New York, NY 10010.
These Promotions are in no way sponsored, endorsed or administered by, or associated with, Apple, Inc. (“Apple”) or Google LLC (“Google”). Any questions, comments or complaints regarding the Promotions should be directed to Foursquare, and not Apple or Google.