Tribute Badge Official Rules
Official Rules Starbucks Foursquare Sweepstakes (“Sweepstakes”)
OPEN TO LEGAL RESIDENTS OF THE U.S. AND THE DISTRICT OF COLUMBIA (EXCLUDING NEW YORK AND FLORIDA) WHO ARE AT LEAST 18 YEARS OF AGE AND OLDER (EXCEPT RESIDENTS OF AL AND NE, 19 YEARS OF AGE AND OLDER) AT TIME OF ENTRY. U.S. LAWS GOVERN THIS SWEEPSTAKES. VOID IN PUERTO RICO AND WHERE PROHIBITED. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. TO ENTER: The Sweepstakes starts at 12:00:01AM Pacific Time (PT) on March 10, 2011 and ends at 11:59:59PM (PT) March 12, 2011 (the “Promotional Period”). Foursquare Lab, Inc.’s computer is the official timekeeping device for this Promotion. There are two (2) ways to enter during the promotional period. (1) To enter via mobile, an entrant must be a registered member of the foursquareTM service available at www.foursquare.com (“Foursquare”). If an entrant is not a registered member of Foursquare, the entrant must download the free smart phone application and register for free for Foursquare via the smart phone application or by visiting www.foursquare.com. Registration for and use of the Foursquare and other Foursquare Labs, Inc. applications are subject to Foursquare Lab Inc.’s terms and conditions, and Sponsor have no responsibility with respect to such registration or use. Once a member, the entrant must follow the Starbucks Foursquare page by visiting http://foursquare.com/Starbucks and clicking “Follow Now.” The entrant can then follow the links and instructions to check–in at one of the participating Starbucks Store locations (a “Location”) listed on the Site. During the Promotional Period, entrants who check-in at a participating Location will unlock the Starbucks “Tribute Badge” and will gain one (1) entry into the Sweepstakes. In order to “check-in” at a participating Starbucks location, you must be in or immediately adjacent to the Location’s perimeter and use your wireless mobile device to access Foursquare and follow the system’s instructions to “check-in” to the location that corresponds to the Location. Foursquare Labs, Inc. has the right to verify the location of all check-ins.
Entrants will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners’ manual for specific two-way mobile device instructions. Text-messaging or other functions may not be available through all wireless carriers.
(2) To enter via email, send an e-mail with the subject line: "Starbucks Foursquare Entry Submission" to email@example.com. Within the body of the email type your first and last name, complete mailing address, telephone number, date of birth and e-mail address.
Limit of one (1) entry per entrant regardless of method of entry. Multiple entrants are not permitted to share the same Foursquare account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Foursquare accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate or checking in to a Location without being immediately adjacent to
or in the Location’s perimeter (as determined by the Sponsor and/or Foursquare Labs, Inc.) is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Foursquare account used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned to a Foursquare account by an Internet access provider associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If you opt to use Foursquare via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), and/or download or transmit data via your wireless mobile device, standard rates will apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by wireless mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Wireless service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
2. DRAWING: On or about March 16, 2011, a random drawing from among all eligible entries received throughout the entire Promotional Period will be conducted under the direction of Marden-Kane, Inc., an independent organization whose decisions are final in all matters relating to the Sweepstakes. Only one prize per person. The odds of winning will depend upon the total number of eligible entries received.
3. PRIZES: (500) Grand Prizes, a $40 Starbucks card. Approximate Retail Value: $40 each. Total Retail Value of prizes is $20,000. Winners are responsible for the payment of taxes on the prize and any other expenses not specifically described above relating to the use of prize. No cash or prize substitution or transfer of prize permitted except at sole discretion of the Sponsor, who reserves the right to substitute a prize of equal or greater value. Gift cards are subject to the terms and conditions as set forth by issuer.
4. NOTIFICATION: The potential winners will be notified via email on or about March 18, 2011, and may be required to complete and sign an Affidavit of Eligibility and Liability Release; where legal, a Publicity Release; all of which must be returned within 14 days, properly executed, from prize notification date or the prize will be forfeited and awarded to an alternate potential winner. In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Sponsor’s discretion, awarded to an
alternate potential winner. If you or your Internet Service Provider employ spam filtering, please make sure you allow (sometimes called “whitelist") e-mail from the @mardenkane.com domain in order to ensure receipt of winner notifications. By entering the Sweepstakes, entrants agree to the use by Sponsor and its designees of their name and state/province of residence and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation, notification, or permission, except where prohibited by law. Upon request, winners must consent to such in writing. In the event of a dispute as to the identity of a winner based on the email address, the winning entry will be declared by the authorized account holder of the email address submitted at
time of entry. (Authorized account holder) is defined as the natural person who is assigned to the email address by an Internet service provider (providing that the Authorized account holder meets all eligibility requirements of the Sweepstakes).
5. ELIGIBILITY: The Promotion is open only to entrants who are legal residents of the United States or the District of Columbia, excluding New York and Florida and are at least eighteen (18) years old (except residents of Alabama and Nebraska who must be at least nineteen (19)
years old) at time of entry. Employees, officers, and directors of Starbucks Corporation, Starbucks Licensed Concepts, Foursquare Labs Inc., Marden-Kane, Inc., all their respective parents, subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies, any and all other entities directly associated with this Sweepstakes, and the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they live) and individuals living in the households of the above, whether related or not, are not eligible to enter or win. Void where prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
6. LIMITATION OF LIABILITY: By participating in the Sweepstakes, entrants release, indemnify and hold harmless the Sponsor, Starbucks Licensed Concepts, Foursquare Labs, Inc., Marden-Kane, Inc. and all other entities directly associated with this Sweepstakes, and all their affiliates, subsidiaries and their respective agents, representatives, officers, directors, shareholders and employees (collectively, “Releasees”) from and against any injuries, losses, damages, claims, actions any liability of any kind resulting from or arising from participation in the Sweepstakes or acceptance, possession, use, misuse or nonuse of the prizes awarded (including any travel or travel-related activity thereto). This Sweepstakes and these Official Rules shall be interpreted in accordance with the laws of the State of Washington without regard to its principles of conflicts of law. Jurisdiction and venue shall be solely within the State of Washington. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries or in any Sweepstakes related material, the announcement of the prize; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries, or for electronic, computer, or telephonic malfunction or error, entries which fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason including computer, telephone, or paper transfer or human or other error, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes, or inability to access any web site associated with this promotion, or process any transaction thereon. If in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor, in its sole discretion reserves the right to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prizes using all non-suspect entries received as of the termination date. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the promotion is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an
individual to access any web site associated with this promotion via a bot script or other brute force attack or any other unauthorized means -will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited. As a condition of entering the Sweepstakes, entrant agrees that: a.) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, b) all causes of action arising out of or connected with this Sweepstakes or the prize awarded, shall be resolved individually, without resort to any form of class action, and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys‘ fees or other legal costs. Sponsor reserves the right to modify prize award procedures.
7. WHO WON: For the names of the Grand Prize winners available after March 31, 2011, send a self-addressed, stamped envelope to Starbucks Foursquare Sweepstakes winners, P.O. Box 8025, Garden City, NY 11530-8025. The winner’s names will be sent when the drawing has been conducted and the winners have been notified and verified.
8. SPONSOR: Starbucks Corporation 2401 Utah Ave. South, Seattle, WA 98134. Administrator: Marden-Kane, Inc. 1055 Franklin Avenue, Suite 300 Garden City, NY 11530.