Niantic Social Media Promotion Terms and Condition
Last Updated: July 13, 2020
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THESE PROMOTIONS.
These Terms (as defined below) govern Sponsor’s (as defined below) online promotions.
PARTICIPANTS (AS DEFINED BELOW) ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. VOID WHERE PROHIBITED. PARTICIPATION IN A PROMOTION CONSTITUTES PARTICIPANTS ACCEPTANCE OF THESE TERMS. ANY PRIZES/GIFTS/OFFERS WILL BE AWARDED TO QUALIFYING PARTICIPANTS IN SPONSOR’S SOLE DISCRETION. THESE PROMOTIONS ARE IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, FACEBOOK, INSTAGRAM, OR TWITTER. ALL RELEVANT LAWS AND REGULATIONS APPLY. NOTHING HEREIN AMOUNTS TO A COMMITMENT OR REPRESENTATION BY SPONSOR TO CONDUCT FURTHER OR SIMILAR PROMOTIONS. UNDER NO CIRCUMSTANCES SHALL A SUBMISSION INTO THE PROMOTION, THE AWARDING OF ANY PRIZES/GIFTS/OFFERS, OR ANYTHING IN THESE TERMS BE CONSTRUED AS AN OFFER OR CONTRACT OF EMPLOYMENT WITH EITHER SPONSOR, OR THE PROMOTION ENTITIES (AS DEFINED BELOW). PARTICIPANTS ACKNOWLEDGE THAT PARTICIPATION IS VOLUNTARILY AND NOT IN CONFIDENCE OR IN TRUST. PARTICIPANTS ACKNOWLEDGE THAT NO CONFIDENTIAL, FIDUCIARY, AGENCY, OR OTHER RELATIONSHIP, OR IMPLIED-IN-FACT CONTRACT NOW EXISTS BETWEEN PARTICIPANT AND SPONSOR OR THE PROMOTION ENTITIES AND THAT NO SUCH RELATIONSHIP IS ESTABLISHED BY PARTICIPANT’S PARTICIPATION IN ANY PROMOTION IN COMPLIANCE WITH THESE TERMS.
1. BINDING AGREEMENT: In order to participate in a promotion governed by these terms and conditions (each, a “Promotion” and collectively, “Promotions”), you must agree to these Niantic Social Media PromotionTerms and Conditions (“Terms”). Therefore, please read these Terms prior to participating to ensure you understand and agree. By participating in a Promotion, Participants agree to these Terms. Participants are not eligible to receive any prize/gift/offer by participating in a Promotion unless they agree to these Terms. These Terms form a binding legal agreement between Participants and Sponsor with respect to the Promotions.
2. ELIGIBILITY: To be eligible to participate in the Promotions, you (“Participant(s)”) must: (1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of participation; (2) not be a resident of any of the following countries/regions/contested territories: the Balkans, Belarus, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, or Zimbabwe or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize/gift/offer in the Promotions; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet during the Promotions. Employees, interns, contractors, and official office-holders of Sponsor, its respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Promotion Entities”), and members of the Promotion Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in the Promotions. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. SPONSOR: The Promotions are sponsored by Niantic, Inc. (“Sponsor”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA.
4. HOW IT WORKS:
From time-to-time, Sponsor will post a Promotion call-to-action (“Call-to-Action”) on one or more of Sponsor’s verified official Facebook, Instagram, Twitter, YouTube and other social media accounts (collectively “Sponsor Pages”).
The following is a list of the types of Promotions that may be offered on the Sponsor Pages. To participate in a Promotion, follow the specific directions contained in the Call-to-Action during the start and end dates (the “Promotion Period”) in the Call-to-Action. For Promotions involving codes, limit one (1) code redemption per eligible Participant.
A) Unlimited Giveaways: During the Promotion Period, a code will be available on Sponsor Pages. Participants who redeem a code as directed during the Promotion Period will receive a gift.
B) First-Come First Served: A limited number of gifts/offers will be made available to Participants on a first come, first served basis during the Promotion Period.
C) Scavenger Hunt/Puzzles: During the Promotion Period, Sponsor will post a series of clues on the Sponsor Pages or instructions on where to find additional clues. Participants must solve the clues to reveal one part of a code. A limited number of Participants will be able to redeem the completed code for a prize/gift/offer on a first come, first served basis.
D) Random Draw Sweepstakes (“Sweepstakes”):
Facebook: For Facebook only, you may enter the Sweepstakes by following the instructions in the Call-to-Action message posted for Facebook. To participate in a Sweepstakes via Facebook, you do not have to follow Sponsor’s Facebook page. To enter, you will be asked to comment on or “like” a post on Sponsor’s Facebook page in accordance with the instructions posted in the Call-to-Action for the Sweepstakes.
All Other Social Media: To participate in a Sweepstakes taking place on Sponsor’s Pages (other than Facebook) Participants must (i) be a "follower" of or "follow" the corresponding Sponsor Pages until the Sweepstakes winners are announced; and (ii) For a Sweepstakes involving sharing or re-posting of Sponsor content, Participant must "re-tweet," ”re-post,” or “share” the exact Sweepstakes content originally sent from Sponsor Pages and keep the tweet / post publicly visible until the Sweepstakes winners are announced. Changing, adding, or deleting any content from Sponsor’s original Sweepstakes content may disqualify the Participant from winning.
For a Sweepstakes involving “posting,” “commenting,” or “tweeting” Participant content (“Participant Content”), e.g. a photo submission Sweepstakes, Participant must “post,” “comment,” or “tweet” the Participant Content in the manner outlined in the Call-to-Action (e.g. including required hashtags) and keep the tweet / post publicly visible until the Sweepstakes winners are announced.
Participant Content must meet the following “Content Requirements” (any Participant Content that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Participant Content must be posted to a non-private social media account; most social media accounts can be obtained for free at the respective social media platform or in the applicable app store;
- Participant must be the rightful owner of the social media account associated with a Sweepstakes entry;
- Participant Content must comply with the social media platform’s terms and conditions as posted on the respective social media platform;
- Participant Content must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights, other than those belonging to Sponsor;
- Participant Content must NOT contain subject matter which is, or could be considered, in the sole discretion of the Promotion Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
- Participant Content must NOT contain any derogatory references to any of the Promotion Entities.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any Participant Content if Sponsor views the Participant Content as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Participant Content to be lacking in taste, quality, or to be otherwise objectionable. Participants understand that they are posting the Participant Content at their sole risk. Sponsor is not responsible for any claims arising from the Participant Content, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media platform’s terms and conditions.
Each Participant who submits Participant Content for purposes of a Sweepstakes hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Participant Content in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Promotion and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Participant Content for any purpose which Sponsor deems necessary or desirable, and each Participant irrevocably waives any and all so-called moral rights they may have therein.
Participants may only use one (1) Facebook account, one (1) Instagram account, one (1) Twitter account or one (1) other relevant Sponsor specified social media account to participate in a Sweepstakes. Any attempt by any Participant to obtain more than the stated number of entries in a Sweepstakes by using multiple and/or different identities or accounts will disqualify the Participant from the Sweepstakes and the Promotion. All entries must be received during the Promotion Period with any subsequently received entries being disqualified. Should Participant change or delete their Facebook, Instagram, Twitter or other relevant account name and/or the corresponding Participant Content they will be disqualified. Entries are void if they do not comply with the Terms and Conditions and the Call-to-Action. All entries will be deemed made by the authorized account holder of the email address associated with the Facebook, Instagram, Twitter, or other relevant account used for participation, and the potential winners may be required to show proof of being the Authorized Account Holder for that email address. The "Authorized Account Holder" is the natural person assigned to an email address by an internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain.
Sweepstakes Winner Selection and Notification: Sweepstakes winners will be selected by a random drawing conducted at the conclusion of the corresponding Promotion Period from among all eligible entries received in compliance with the Call-to-Action for the corresponding Sweepstakes. Odds of being selected depend on the number of eligible entries received. Potential winners will be notified via the social media platform used for Sweepstakes entry or via a reply comment to their Sweepstakes entry post. If a potential winner does not respond to the notification attempt within forty-eight (48) hours from the notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible Participants. Limit one (1) prize per Sweepstakes. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Terms and/or the Call-to-Action or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
6. PRIZES/GIFTS/OFFERS: Individual prizes/offers/gifts will never exceed $500 USD in value unless otherwise specified. The actual prizes/gifts/offers will be identified in the Call-to-Action and are subject to change at any time. Some prizes/gifts/offers may have additional restrictions and/or terms and conditions which will be communicated to the prize/gift/offer recipients as necessary. Promotion Entities are not responsible for prizes/gifts/offers that are lost, stolen, or undeliverable; defective prizes/gifts/offers; and does not guarantee or warrant any item offered as a prize/gift/offer. Sponsor shall not be responsible for the quality or adequacy of any prize/gift/offer or any portion thereof or the products or services to be provided to any recipient of a prize/gift/offer. Sponsor will not be responsible or liable for loss or injury resulting from a Participant’s acceptance or use or misuse of any prize/gift/offer or any portion thereof. Each Participant assumes complete liability for damage to property or injuries to the Participant caused or claimed to be caused by the use or misuse of any prize/gift/offer or any portion thereof. Participants may be required to sign a declaration of eligibility, liability and publicity release, and provide any additional information that may be required by Sponsor in order to receive any prize/gift/offer. Potential prize/gift/offer recipients must return all such required documents within forty-eight (48) hours following attempted notification or such potential prize/gift/offer recipient will be deemed to have forfeited the prize/gift/offer and another potential prize/gift/offer recipient may be selected. No transfer, substitution, or cash equivalent for prizes/gifts/offers is allowed, except at Sponsor’s sole discretion. In the event that no entries are received or claims made (as applicable), no prizes/gifts/offers will be awarded. Prizes/gifts/offers may require several weeks to be delivered. ALL PRIZES/GIFTS/OFFERS WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES/GIFTS/OFFERS ARE THE SOLE RESPONSIBILITY OF THE RECIPIENT, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. ANY ADDITIONAL COSTS RELATING TO A PRIZE/GIFT/OFFER ARE THE SOLE RESPONSIBILITY OF EACH RECIPIENT.
8. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Promotion Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any representation or warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from Participant’s participation in the Promotion or any Promotion-related activity or (a) any misrepresentation made by the Participant in connection with the Promotion; (b) any non-compliance by the Participant with these Terms; (c) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant’s involvement with the Promotion; (d) acceptance, possession, misuse or use of any prize/offer/gift or participation in any Promotion-related activity or participation in the Promotion; (e) any malfunction or other problem with the Promotion site or Sponsor Pages; (f) any error in the collection, processing or retention of participation information; or (g) any typographical or other error in the printing, offering or announcement of any prize/offer/gift or recipients.
9. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Promotion is not capable of running as Sponsor intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion and if terminated, Sponsor may elect to determine any potential prize/offer/gift recipients in a manner deemed fair and in compliance with these Terms and any relevant Call-to-Action and the type of Promotion effected. Any attempt by a Participant to deliberately damage any website or service, including the Sweepstakes site or Sponsor Pages, or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such Participant to the fullest extent of the applicable law. Sponsor reserves the right to end the Promotion without fulfillment of prizes/offers/gifts for any reason at any time.
10. LIMITATION OF LIABILITY: Promotion Entities are not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, altered, incomplete, or illegible garbled entries, Facebook, Instagram, Twitter or other social media posts or comments, or entries, Facebook, Instagram, Twitter or other social media posts or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the participation process or the Promotion; (e) for any injury or damage to Participant or to any computer equipment related to or resulting from participating or downloading materials in this Promotion; (f) for any account restrictions or freezes resulting from participation in the Promotion; (g) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Promotion or the processing of entries or claims; or (h) delivery, mis-delivery, acceptance, possession, use of or inability to use the prize or any portion there. Participants agree that any and all claims, judgments, and awards shall be limited to $500 USD; and Participants waive all rights to claim any punitive, incidental, consequential, and any other damages under any claim or theory, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. PUBLICITY RELEASE: As a condition of participation, Participants grant Sponsor, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display contents of any Sweepstakes entry, including, without limitation, Participant’s name, biographical information, screenshots, portraits, pictures, videos, voices, likenesses, images, statements, comments, tweets, and posts, and other information in connection with news, publicity, marketing, advertising and promotion to the public or other groups. Each Participant hereby waives any right to any form of compensation and all legal claims, including for libel, slander, invasion of privacy, and copyright infringement, related to the use of any Participant Content. As described herein, Participants may be asked to complete a publicity release.
12. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Terms shall be governed by, subject to and construed in accordance with the laws of the State of California in The United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Promotion are hereby excluded, and all Participants expressly waive any and all such rights.
13. DISPUTES AND TERMS OF SERVICE: By participating in the Promotion, Participants agree that all disputes between a Participant and Sponsor of whatsoever kind or nature arising out of these Terms, shall be subject to Sponsor’s standard Terms of Service available at https://nianticlabs.com/terms. Participants accept and agree to abide by the Terms of Service as a condition of participation.
14. SWEEPSTAKES WINNERS’ LIST: A list of Sweepstakes winners will be publicly announced on the relevant Sponsor Pages, as required by law.
15. INTELLECTUAL PROPERTY RIGHTS: All rights, title, and interest in the Promotion and all accompanying materials including but not limited to the intellectual property rights in any and all Sponsor created tweets/posts shall vest solely and exclusively with the Sponsor.