Official Rules
BABYMETAL’S SWARM SCAVENGER HUNT Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The “BABYMETAL’S SWARM SCAVENGER HUNT” ("Promotion") is open only to legal residents of the tri-state area (i.e., New York, New Jersey and Connecticut) who are twenty-one (21) years of age or older at the time of entry. Employees of Sponsor and Promotional Partnerand their respective parents, affiliate companies, subsidiaries, promotion agencies, suppliers and members of their immediate families, are not eligible. Void where prohibited by law. For purposes of this Promotion, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Promotional Partner’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: RED Associated Labels / Sony Music, 345 Hudson Street, 6th Fl NY NY 10014. Promotional Partner: Foursquare Labs, Inc. 568 Broadway, NY NY 10012.
3. Timing: The Promotion begins on April 27, 2016 at 12:00 a.m. Eastern Time ("ET") and ends on May 2, 2016 at 11:59 p.m. ET (the "Promotion Period"). is the official time-keeping device for this Promotion.
4. How to Enter: During the Promotion Period, log into your Foursquare Labs, Inc. SwarmTM account or create a Swarm account. Creating a Swarm account is free of charge. You may download Swarm by following the links at http://swarmapp.com and create an account by following the instructions in Swarm. Once logged into Swarm, check-in at one of the venues below, take a screenshot of the post-check-in insights and share that screenshot to Twitter using the hashtag #BABYMETALSwarm. In order to "check in" at venue, you must be in or immediately adjacent to the venue’s perimeter and use your wireless mobile device to access Swarm and follow the system's instructions to "check in" to the location that corresponds to the venue. Promotional Partner has the right to verify the location of all check-ins and checking in to a venue without being immediately adjacent to or in is prohibited and will result in disqualification. Limited to one entry per person. No more than one person can enter using the same Swarm account or email address. Use of any automated system to participate is prohibited and will result in disqualification. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entry and that entrant may be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. The potential winner may be required to show proof of being the authorized account holder.
Venues:
- Playstation Theater, 1515 Broadway, New York, NY 10036
- Go! Go! Curry, 273 W 38th St, New York, NY 10018
- Royce, 253 Bleecker St (Leroy Street), New York, NY 10018
- Best Buy, 52 E 14th St #64, New York, NY 10003
- Midtown Comics, 200 W 40th St, New York, NY 10018
- Image Anime, 242 W 30th St, New York, NY 10001
- Rough Trade, 64 N 9th St, Brooklyn, NY 11249
- Books Kinokuniya, 1073 Ave of the Americas, New York, NY 10018
- Hammerstein Ballroom, 311 W 34th St, New York, NY 10001
- Modern Pinball, 362 3rd Ave, New York, NY 10016
- Generation Records, 210 Thompson St, New York, NY 10012
- Video Games New York, 202 E 6th St (btw 2nd and 3rd), New York, NY 10003
Sponsor and Promotional Partner are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
5. Selection of Winners: One (1) winner will be selected by way of a random drawing that will be conducted on or about May 3, 2016 by Promotional Partner from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential prize winner will be notified via e- mail. Entrants are responsible for insuring that all e-mail information is up-to-date and accurate. Prize notice returned as undeliverable will result in the disqualification of the potential prize winner and an alternate winner will be selected. The entrant initially selected as the potential winner will be notified by email within 5 days of the end of the Promotion Period. Promotional Partner’s decision as to the random drawing are final and no correspondence will be entered into. If Promotional Partner contacts the winner and does not hear back within 5 days a new random winner will be generated 5PM EST at the end of the 5th day.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR PROMOTIONAL PARTNER, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTANT HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7. Verification of Potential Winners: Receiving a prize is contingent upon compliance with these Official Rules. The potential Sweepstakes winner will be notified by mail, email or phone. Each potential prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be received by Promotional Partner, in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded.
8. Prizes:
2 general admission tickets to Babymetal @ Playstation Theater on Wednesday, May 4, 2016.
For All Prizes: No cash equivalent and all prizes are non-transferable and no Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use including travel to and from the event.
All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
9. Release: By receipt of the prize, winner agrees to release and hold harmless Sponsor, Promotional Partner, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. Winner is also liable for any damage or loss which occurs at the property which is the object of the prize and shall release and hold harmless the Released Parties from and against any claim or cause of action in that regard.
10. Publicity: Except where imposing such condition is legally prohibited, participation in the Promotion constitutes winner agents hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property participation in the Promotion or receipt or use or misuse of any prize. If the Promotion, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Inclusion in such drawing shall be each.
13. Disputes/Choice of Law Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY (2) any and all claims, judgments and awards shall be limited to actual out- of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rules, governs the Promotion and all aspects related thereto.
14. Entrant's Personal Information: Information collected from entrants in the Promotion may be shared with Sponsor and Promotional Partner, which will use such information in accordance with their respective privacy policies.