The Foursquare for Good Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of the United States.  You are not authorized to participate in the Contest if you are not located within the United States.  

1. How to Enter.  To enter the Foursquare for Good contest (“Contest”), go to https://foursquare.com/for-good/proposal (“Site”), read the Official Rules, complete the online entry form (including your name, email, phone number, company name, job title, upload your essay/proposal submission that explains why your proposal (“Charity”) should be selected as the Grand Prize winner of the Contest. Entrants should explain how they would leverage Foursquare’s location technology for social good, and outline who would benefit or be impacted by their proposed idea (“Theme”) and click the “submit” button.  All entry information and essays/proposals shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Submissions must comply with the Guidelines and Restrictions defined below.  Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.  Limit one (1) Submission per person/per email address.

By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be filmed and used as permitted herein.  Sponsor reserves the right to request third party releases from any third party included in any Submission at any time.  Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.

Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.), for any legal purpose whatsoever.

All entrants must have a valid email address. No automated entry devices and/or programs permitted.  All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  

2. Start/End Dates. Contest begins at 10:00 am Eastern Time on Sunday, September 16 and ends at 11:59:59 PM Eastern Time on Tuesday, October 16 (“Contest Period”).

3. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia  who are at least 18 years  of age or the age of majority in their state of residence as of date of entry.  Prize will be awarded to the winning Charity and not to the entrant. Employees, officers and directors of Foursquare Labs, Inc. (“Sponsor”), and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest 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.  You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia.  All federal, state and local laws and regulations apply.

4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.  

        Submission Guidelines:

        Content Restrictions:

Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.  

Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.  By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

5. Winner Determination.

Judging Panel/Judging Criteria. On or about Friday, November 2, 2019, all eligible Submissions will be judged by a panel of judges from Foursquare and industry members.  All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) technical feasibility; (b) scalability and potential for impact; and (c) innovative use of Foursquare’s technology. In the event of a tie, the highest score in the innovation category will determine winner.

 

6. Prize Donations. 

One (1) Grand Prize: The Grand Prize Winning Charity will receive a donation in the amount of ten thousand ($10,000.00) dollars.  

        

Donations will be awarded directly to the winning Charities, and not to the entrants.  Total value of all prize donations to be awarded in this Contest: $10,000.00.    

An authorized representative of each winning Charity may be required to sign Sponsor’s documents within ten (10) days of date of issuance in order to receive the donation.  

Winning Charity may not substitute, assign or transfer a donation.  Winning Charity are responsible for all applicable federal, state and local taxes, if any.  In the case of unavailability of any prize donation, Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion.  

By accepting the donation, each winning charity that is awarded a donation will be required to permit Sponsor to use such Charity’s  name, location, trademark, and logo in any and all media now known or hereafter devised (including on the Internet), worldwide and in perpetuity, without compensation (unless prohibited by law) or additional consents from such organization or its authorized representatives or any third party and without prior notice, approval or inspection, and to execute specific consent to use if asked to do so.  All donation details are at Sponsor’s sole discretion.

7. Notification. Potential winning entrants and Charities (collectively, “winners”) will be notified by email and/or telephone and will be required to sign and return, where legal, an Affidavit of Eligibility, and/or Liability/Publicity Release document within five (5) days of prize notification.  Additionally, winners may be required to submit releases from any and all third parties appearing in their respective Submissions.  If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, and/or Liability/Publicity must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.  

8. Conditions. Sponsor shall not be liable or responsible in the event Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.  By participating, entrants and winners agree to release and hold harmless Sponsor, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), 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 Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

Free access to Foursquare's Places API will be limited to 5,000 calls per hour, after which call rates will be determined on a case by case basis. Free access to Foursquare's Pilgrim SDK is limited to up to 1,000,000 installs. Engineering resources will be limited to 15 hours for on-boarding, implementation and support

9. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest 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 Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor 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 Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest 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 Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules.  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 entrant may be required to show proof of being an authorized account holder.

10.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

11. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest 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, 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 OFFICIAL 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 Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, 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.

12.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at www.foursquare.com/privacy.  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.  

13. Winner. The winner of the Foursquare for Good Contest will be announced via a blog post on https://enterprise.foursquare.com/intersections/ on December 3, 2019.

14. Sponsor. 

Foursquare Labs, Inc.

50  West 23rd Street., 8th Floor,

NY, NY 10010

1926414.1 29505-9999-000