Niantic Social Media Sweepstakes Official Rules
Last Updated: January 21, 2020
These Rules (as defined below) govern Sponsor’s (as defined below) online social media Sweepstakes (as defined below) appearing on Sponsor’s verified official Facebook, Instagram, Twitter and other social media accounts (collectively “Sponsor Pages”). Sponsor is not responsible for the fulfillment of a Sweepstakes on social media accounts or pages other than the Sponsor Pages.
ENTRANTS (AS DEFINED BELOW) ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. ENTRIES FOR A GIVEN SWEEPSTAKES WILL ONLY BE VALID IF ENTERED DURING THE CORRESPONDING TIME PERIODS OUTLINED IN THE SWEEPSTAKES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ENTRANTS ACCEPTANCE OF THESE OFFICIAL RULES. THE PRIZES WILL BE AWARDED TO QUALIFYING ENTRANTS IN SPONSOR’S SOLE DISCRETION. THIS SWEEPSTAKES IS 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 SWEEPSTAKES. UNDER NO CIRCUMSTANCES SHALL A SUBMISSION INTO THE SWEEPSTAKES, THE AWARDING OF A PRIZE, OR ANYTHING IN THESE RULES BE CONSTRUED AS AN OFFER OR CONTRACT OF EMPLOYMENT WITH EITHER SPONSOR, OR THE SWEEPSTAKES ENTITIES (AS DEFINED BELOW). ENTRANTS ACKNOWLEDGE THAT ENTRIES HAVE BEEN SUBMITTED VOLUNTARILY AND NOT IN CONFIDENCE OR IN TRUST. ENTRANT ACKNOWLEDGES THAT NO CONFIDENTIAL, FIDUCIARY, AGENCY, OR OTHER RELATIONSHIP, OR IMPLIED-IN-FACT CONTRACT NOW EXISTS BETWEEN ENTRANT AND SPONSOR OR THE SWEEPSTAKES ENTITIES AND THAT NO SUCH RELATIONSHIP IS ESTABLISHED BY ENTRANT’S SUBMISSION OF AN ENTRY UNDER THESE RULES.
1. BINDING AGREEMENT: In order to enter the Sponsor’s advertised social media sweepstakes (the “Sweepstakes”), you must agree to these Niantic Social Media Official Sweepstakes Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an entry in the Sweepstakes, Entrants agree to these Rules. Entrants are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between Entrants and Sponsor with respect to the Sweepstakes.
2. ELIGIBILITY: To be eligible to enter the Sweepstakes, you (“Entrant(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 entry; (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 in the Sweepstakes ; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet during the Sweepstakes. 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 (“Sweepstakes Entities”), and members of the Sweepstakes 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 this Sweepstakes. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. SPONSOR: The Sweepstakes is sponsored by Niantic, Inc. (“Sponsor”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA.
4. HOW TO ENTER: (i) Entrant must be a "follower" of or "follow" Sponsor Pages until the Sweepstakes winners are announced; and (ii) For a Sweepstakes involving sharing or re-posting of Sponsor content, Entrant 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 Entrant from winning; and (iii) For a Sweepstakes involving “posting,” “commenting,” or “tweeting” Entrant content (e.g. a photo submission Sweepstakes), Entrant must “post,” “comment,” or “tweet” their content in the manner outlined on Sponsor Pages (e.g. including required hashtags) and keep the tweet / post publicly visible until the Sweepstakes winners are announced; and (iv) Entrant must comply with and fulfil any other entry requirements outlined on the Sponsor Pages.
Entrants 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 the Sweepstakes. Any attempt by any Entrant to obtain more than the stated number of entries in the Sweepstakes by using multiple and/or different identities or accounts will disqualify the Entrant from the Sweepstakes. All entries must be received during the Sweepstakes period as outlined by the given Sweepstakes with any subsequently received entries being disqualified. Should Entrant change or delete their Facebook, Instagram, Twitter or other relevant account name they will be disqualified. Entries are void if they do not comply with the Rules. 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 entry, 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.
6. WINNER SELECTION: Winners will be selected by a random drawing. Odds of being selected depend on the number of eligible entries received on the announced date. Potential winners will be notified via the social media platform used for entry or via a reply comment to their social media 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 Entrants. Winners are prohibited from winning more than once during any Sweepstakes.
7. PRIZES: Prizes will never exceed $500 USD in value unless otherwise specified. The actual prizes will be identified in the initial Sponsor Pages Sweepstakes tweet and/or post and is subject to change at any time. Sponsor and Sweepstakes Entities are not responsible for prize packages that are lost, stolen, or undeliverable; defective prizes; and does not guarantee or warrant any item offered as a prize. Sponsor shall not be responsible for the quality or adequacy of the prize or any portion thereof or the products or services to be provided to the prize winner. Sponsor will not be responsible or liable for loss or injury resulting from a winner’s acceptance or use or misuse of the prize or any portion thereof. Each winner assumes complete liability for damage to property or injuries to the winner and his or her guests or invitees caused or claimed to be caused by the use or misuse of the prize or any portion thereof. Winners 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 a Sweepstakes prize. Potential winners must return all such required documents within forty-eight (48) hours following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described in the Rules. No transfer, substitution, or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least one hundred (100) entries for a Sweepstakes in compliance with these Rules, all prizes will be awarded. Prizes may require several weeks to be delivered. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. ANY ADDITIONAL COSTS RELATING TO THE PRIZE ARE THE SOLE RESPONSIBILITY OF EACH WINNER.
9. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor and Sweepstakes 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 Entrant and/or a breach of any representation or warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless the Sweepstakes Entities and Sponsor 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 Entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or (a) any misrepresentation made by the Entrant in connection with the Sweepstakes; (b) any non-compliance by the Entrant with these Rules; (c) claims brought by persons or entities other than the parties to these Rules arising from or related to the Entrant’s involvement with the Sweepstakes; (d) acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; (e) any malfunction or other problem with the Sweepstakes site or Sponsor Pages; (f) any error in the collection, processing or retention of entry information; or (g) any typographical or other error in the printing, offering or announcement of any prize or winners.
10. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Sweepstakes 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 Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and if terminated, Sponsor may elect to determine the potential winners for the Sweepstakes from among all eligible Entrants received prior to action taken using the judging criteria specified above. Any attempt by an Entrant to deliberately damage any website or service, including the Sweepstakes site or Sponsor Pages, or undermine the legitimate operation of the Sweepstakes 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 Entrant to the fullest extent of the applicable law. Sponsor reserves the right to end the Sweepstakes without fulfillment of prizes for any reason at any time.
11. LIMITATION OF LIABILITY: Sponsor and Sponsor 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 entry process or the Sweepstakes; (e) for any injury or damage to Entrant or to any computer equipment related to or resulting from participating or downloading materials in this Sweepstakes; (f) for any account restrictions or freezes resulting from participation in the Sweepstakes; (g) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries or (h) delivery, mis-delivery, acceptance, possession, use of or inability to use the prize or any portion there. Entrants agree that any and all claims, judgments, and awards shall be limited to $500 USD; and Entrants 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.
12. PUBLICITY RELEASE: As a condition of entry, Entrant grants 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 the entry, including, without limitation, Entrant’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. The Entrant 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 entry’s content and its use. As described herein, Entrants may be asked to complete a publicity release.
13. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Rules 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 Rules 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 Sweepstakes are hereby excluded, and all Entrants expressly waive any and all such rights.
14. DISPUTES AND TERMS OF SERVICE: By entering the Sweepstakes, Entrant agrees that all disputes between Entrant and Sponsor of whatsoever kind or nature arising out of these Rules, shall be subject to Sponsor’s standard Terms of Service available at https://nianticlabs.com/terms. Entrant accepts and agrees to abide by the Terms of Service as a condition of participation.
15. WINNERS’ LIST: A list of winners will be publicly announced on the relevant Sponsor Pages.
16. INTELLECTUAL PROPERTY RIGHTS: All rights, title, and interest in the Sweepstakes and all accompanying materials including but not limited to the intellectual property rights in any and all tweets/posts shall vest solely and exclusively with the Sponsor.