Niantic Local Business Recovery Initiative Search Participation Terms
Last Updated: June 15, 2020
NO PURCHASE NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED. PARTICIPATION IS SOLELY OPEN TO RESIDENTS OF COUNTRIES WHERE THE POKÉMON GO APPLICATION HAS BEEN OFFICIALLY RELEASED. RESIDENTS OF COUNTRIES WHERE THE POKÉMON GO APPLICATION HAS NOT BEEN OFFICIALLY RELEASED AS OF JUNE 15, 2020, AND RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BRAZIL, BURMA, CHINA, COTE D'IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, ITALY, LIBERIA, NORTH KOREA, PAKISTAN, RUSSIA, SPAIN, SUDAN, SYRIA, TURKEY, AND ZIMBABWE.
WHO MAY SUBMIT A NOMINATION IN THE SEARCH: To be eligible to submit a nomination in the Niantic Local Business Recovery Initiative Search (the “Search”), you (“Participant”) 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 submission; (2) not be a resident of a country where Pokémon GO (as defined below) has not been officially released as of June 15, 2020 or a resident any of the following countries; the Balkans, Belarus, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Russia, Spain, Sudan, Syria, Turkey, or Zimbabwe; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of June 15, 2020. Void where prohibited or restricted by law. Employees, interns, contractors, and official office-holders of Niantic, Inc. (“Promoter”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA, its subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Promoter Entities”), and members of the Promoter 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 Search. Promoter reserves the right to verify eligibility and to adjudicate on any dispute at any time.
SEARCH DESCRIPTION: In an effort to assist the economic recovery of local businesses, Promoter is inviting players of its real-world augmented reality mobile game application Pokémon GO (“Pokémon GO “) to nominate their favorite small and local businesses for the opportunity to receive complimentary access to Promoter’s self-serve program for location-based in-game marketing and related services (the “Sponsored Locations Program”) for a twelve (12) month period. Promoter will select up to One Thousand (1,000) businesses from the Nomination Pool, as defined below, and invite the selected businesses (each, a “Finalist”) to apply to the Sponsored Locations Program and offer each qualifying Finalist (“Recipient”) twelve (12) months of complimentary access to the Sponsored Locations Program.
Nomination Submission Criteria:
- Participant may nominate one (1) business (the “Nominee”) that meets the following criteria:
- is located in the United States or the District of Columbia, Japan, Great Britain, Canada, or Mexico;
- is a small and local business, which for the purposes of this Search will be understood as a business operating no more than five (5) pedestrian-accessible storefront locations;
- adheres to any applicable social-distancing regulations required by local health authorities;
- operates in one of the following categories (“Acceptable Operating Categories”):
- Food & Beverage Establishment
- Retail Establishment
- Recreation & Entertainment
- Game & Hobby Shops
- Hospitality & Tourism
- Consumer Services
- is family friendly; and
- meets Sponsored Locations Program requirements, including Business Eligibility and Location Guidelines.
HOW TO SUBMIT A NOMINATION: During the Nomination Period (defined below), Participants may visit the website located at https://nianticlabs.com/nominate-local (the “Nomination Website”) and follow the directions to complete and submit the online form provided (a “Nomination”).
All Nominations must be submitted during the Nomination Period (as defined below) to be considered. Nominations generated by script, macro or other automated means and Nominations made by any means which subvert the participation process are void. Nominations must adhere to these Participation Terms, including but not limited to the guidelines set forth in the Nomination Content Restrictions section below, to be eligible.
Please read these Participation Terms carefully as they contain important information about how the Search will be conducted, including eligibility to participate, deadlines, and rules regarding Nominations.
Nominations will be accepted between 06:00:01 a.m. Pacific Time (“PT”) on June 15, 2020 and 11:59:00 p.m. PT on July 31, 2020 (“Nomination Period”). Only Nominations received during the Nomination Period that are otherwise fully compliant with these Participation Terms are “Valid Nominations.” Limit of one (1) Nomination per Participant using only one (1) email address throughout the Nomination Period. In the event of a dispute involving Nomination submitted by multiple Participants using the same email account or address, the Nomination will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Search at the time of Nomination. The authorized subscriber is defined as the natural person who is assigned to an email address by the relevant Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
By submitting a Nomination, in addition to the other rights granted by Participant herein, Participant hereby grants permission for the Nomination to be posted on any websites owned or controlled by Promoter, any social media channels of Promoter including but not limited to, Facebook, Twitter and Instagram) or other websites.
NOMINATION CONTENT RESTRICTIONS: A Nomination may not contain, as determined by the Promoter, in its discretion, any content that:
- is sexually explicit or suggestive or contains nudity;
- is violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
- defames, misrepresents or contains disparaging remarks about other people, companies or products;
- contains trademarks, logos, or trade dress owned by others;
- contains copyrighted materials owned by others;
- communicates messages inconsistent with the positive images and/or goodwill to which Promoter wishes to associate; and/or
- violates any federal, state or local laws, including without limitation, copyright laws.
The Nomination must be in English, Spanish, or Japanese, the original work of the Participant, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting a Nomination, Participant warrants and represents that he/she consents to the use of the Nomination in this Search and to its use as otherwise set forth herein.
DETERMINATION OF FINALISTS: All Valid Nominations received by the Promoter will be considered and reviewed based on a variety of factors including without limitation: the receipt of multiple Valid Nominations for the same Nominee by different Participants, the understanding and display of Nominee’s commitment and/or ties to the local community, regional distribution, and other factors determined by Promoter in its sole discretion to determine up to one thousand (1000) Finalists that will be invited to apply to the Sponsored Locations Program. Promoter reserves the right to select fewer or additional Finalists at its discretion, and expand on the Acceptable Operating Categories that are eligible for the Search.
NOTIFICATION OF FINALISTS: In or around September 2020, each Finalist will be notified by telephone and/or email using the information provided by the applicable Participant(s) in their Nomination and be provided instructions on how to apply for the Sponsored Locations Program. Provided that the Finalist (i) completes an application for the Sponsored Locations Program within the time frame indicated in the instructions and (ii) meets all Sponsored Locations Program requirements as determined by Promoter, such Finalist will receive one (1) complimentary promotion code redeemable for one (1) twelve (12) month subscription to the Sponsored Locations Program (“Complimentary Access”) and thereby become a “Recipient”. Recipients will be onboarded on a rolling basis and must accept the Sponsored Locations Program Terms and Conditions. Complimentary Access for each Recipient will conclude twelve (12) months after their initial onboarding date.
Additional Information for Finalists Located Outside the U.S.
The Sponsored Locations Program is currently available in the U.S. with planned expansions to Japan, Great Britain, Canada, Mexico and additional jurisdictions occurring at dates solely to be determined Promoter. Sponsored Locations Program availability, pricing, and associated offerings in any given jurisdiction are subject to change. Finalists located outside the U.S. will be notified as to when application and onboarding to the Sponsored Locations Program will be available in their jurisdiction, and the twelve (12) months of Complimentary Access to any such qualifying Finalists will commence on their initial onboarding date. All federal, state and local taxes, withholdings and all other costs associated with Sponsored Locations Program subscription acceptance and use not specified herein are the sole responsibility of each Recipient.
Recipients Located in the U.S.:
Approximate Retail Value (“ARV”) of one (1) twelve (12) month subscription to the Sponsored Locations Program: $360-$720 USD, dependent on whether Recipient redeems Complimentary Access for a standard location or premium location subscription. All federal, state and local taxes and all other costs associated with subscription acceptance and use not specified herein are the sole responsibility of each Recipient.
GENERAL: All federal, state, provincial and local laws and regulations apply. Promoter reserves the right to disqualify any Nomination from the Search if, in Promoter’s sole discretion, it believes that the Participant has attempted to undermine the legitimate operation of the Search by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other Participants, Nominees, or Promoter.
WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Promoter 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 Promoter 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 Search or any Search-related activity or (a) any entry or other material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Search; (c) any non-compliance by the Participant with these Participation Terms; (d) claims brought by persons or entities other than the parties to these Participation Terms arising from or related to the Participant’s involvement with the Search; (e) acceptance, possession, misuse or use of any subscription or participation in any Search-related activity or participation in this Search; (f) any malfunction or other problem with the Nomination Website; (g) any error in the collection, processing or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any Finalists or Sponsored Locations Program subscription recipients.
INTERNET AND OTHER TECHNICAL ISSUES: Promoter Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Nomination Website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Participant’s ability to participate.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE INITIATIVE, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND PROMOTER RESERVES THE RIGHT TO SEEK AND TO DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Participation Terms shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Participation 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 Search are hereby excluded, and all Participants expressly waive any and all such rights.
DISPUTES AND TERMS OF SERVICE: By entering the Search, Participant agrees that all disputes between Participant and Promoter of whatsoever kind or nature arising out of these Terms, shall be subject to Promoter’s standard Terms of Service available at https://nianticlabs.com/terms/en/. Participants accepts and agrees to abide by the Terms of Service as a condition of participation.