#MySwarmingSummer Official Rules

#MySwarmingSummer XFINITY Theatre for Weekend Warrior World Tour with Brad Paisley” Promotion Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: The “#MySwarmingSummer XFINITY Theatre for Weekend Warrior World Tour with Brad Paisley” promotion (“Promotion”) is only open to legal residents of the States of Connecticut, Massachusetts, New Jersey, New York, and Rhode Island, who are at least eighteen (18) years of age or older at the time of entry. Employees (as defined below) of Sponsor and Live Nation Worldwide, Inc. (“Prize Provider”) and their respective parent companies, affiliates, 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.  You are not authorized to participate in the Promotion if you are not located within Connecticut, Massachusetts, New Jersey, New York, and Rhode Island. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’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: Foursquare Labs, Inc., 568 Broadway, New York, NY 10012 (“Sponsor”).
  3. Timing: The Promotion begins on Tuesady, May 16, 2017 at 11 a.m. Eastern Time (“ET”) and ends on Friday, May 19, 2017 at 11 a.m. ET (the “Promotion Period”). Sponsor is the official time-keeping device for this Promotion.  The Promotion Period will consist of three (3) days and entrants can enter once per day of the Promotion Period.
  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 the Swarm app by following the links at http://swarmapp.com to the applicable app store for your mobile device and create an account by following the instructions in Swarm.  Once logged into Swarm, check-in using the hashtags #MySwarmingSummer and #sweepstakes at one (1) of the Swarm venues located within Connecticut, Massachusetts, New Jersey, New York, and Rhode Island (each a “Venue” and, collectively, “Venues”).  Entry is limited to one (1) entry per person, per day of the Promotion Period. Each eligible “check in” will constitute a separate entry into the Promotion. You may not check-in to a Venue more than once per day during the Promotion Period. Use of the Swarm app is subject to the Foursquare Terms of Use available at http://foursquare.com/legal/terms.  In order to “check in” at a 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. Sponsor has the right to verify the location of all check-ins and checking in to a Venue without being in or immediately adjacent to the Venue is prohibited and will result in disqualification.  Location confirms from your history tab do not qualify for entry. 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 or phone number 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.

Alternative Method of Entry (“AMOE”): During the Promotion Period, send an email with your full name, complete address (including city, state, zip code), home phone number (including area code), and Swarm ID number (which can be found in the edit profile page of the settings page) to challenges@SwarmApp.com with the subject line “Enter me in the MySwarmingSummer XFINITY Theatre for Weekend Warrior World Tour with Brad Paisley Swarm Promotion.”  All entrants who enter via this method must have a valid email address.

Limit one (1) entry per person / per day of the Promotion Period for a total number of three (3) entries per person regardless of method of entry throughout the Promotion Period. There is no purchase required to enter this Promotion. If you enter using your mobile device, data fees may apply.  You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

All entries 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, misdirected, postage-due, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  By entering the Promotion, 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 Promotion.

  1. Selection of Winner: On or about May 23, 2017, one (1) winner will be selected by Sponsor in a random drawing from all eligible entries received. Sponsor’s decision regarding the Promotion, including the random drawing, shall be final and binding in all respects.  Odds of winning depend on the number of eligible entries received. An entrant may only win one (1) prize in this Promotion.  The entrant initially selected as the potential winner will be notified in the entrant’s Swarm inbox and by push notification (if the entrant has given Swarm permission to send ping notifications and the feature is turned on) approximately two (2) business days after the selection date.  The potential winner must provide contact information (including email address) via link in Swarm inbox within five (5) business days of receipt, and will be contacted via email to the email address provided.  If the potential winner selected is an AMOE entrant, the potential winner will be notified via email to the email address that was used to send the AMOE entry and potential winner must respond to Sponsor within five (5) business days of receipt. Sponsor’s decision as to the random drawing are final and no correspondence will be entered into. If Sponsor contacts the winner and does not hear back within five (5) business days in accordance with  these Official Rules, including Section 7, the winner will be disqualified and an alternate winner may be selected in accordance with Section 7.
  2. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, 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 ENTRANT HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
  3. Verification of Potential Winner: Receiving a prize is contingent upon compliance with these Official Rules. Each potential prize winner may be required to sign and return an Affidavit or Declaration of Eligibility, Liability and Publicity Release (except where prohibited) that Sponsor will send to the email address associated with the potential prize winner’s Swarm account or that entrant otherwise provides to Sponsor, which must be received by Sponsor within five (5) business days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit or Declaration of Eligibility, Liability and Publicity Release within the required time period, or if the prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and may be awarded to an alternate. Upon prize forfeiture, no compensation will be given.  In the event that a potential winner of a prize forfeits prize or is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There may be up to three (3) alternate drawings (time-permitting) after which the prize will remain unawarded.   
  4. Prizes: The prize winner will receive two (2) tickets to Weekend Warrior World Tour with Brad Paisley (“Concert”) on Sunday, August 6, 2017 at XFINITY Theatre, 61 Savitt Way, Hartford, CT. Approximate Retail Value (ARV) of the prize: $100.00.  

PRIZE DOES NOT INCLUDE AIRFARE, GROUND TRANSPORTATION AND/OR HOTEL ACCOMMODATIONS.  SPONSOR IS NOT RESPONSIBLE FOR TRANSPORTATION TO/FROM CONCERT OR ANY ACCOMMODATIONS AT CONCERT LOCATION. If potential winner cannot attend Concert on date specified by Sponsor, prize may be forfeited and Sponsor will have no further obligation to such potential winner. In such event, prize may be awarded to an alternate (time-permitting).  

Concert ticket terms and conditions apply and will govern if the Concert does not take place due to weather, an act of God, threat or act of terrorism, civil disturbance or any other reason.  Seat locations will be determined by the Sponsor or Prize Provider. The Released  Parties (defined below), and/or any other relevant party, reserve the right to remove or to deny entry to any winner or guest who engages in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the Concert. Cash cannot be substituted for any ticket prize unless otherwise agreed by the Sponsor. Unused tickets cannot be refunded, exchanged for cash or applied towards tickets for any subsequent years. No responsibility is assumed by the Released Parties for any cancelled, rescheduled, delayed or postponed Concert.

Prizes are non-transferable. No substitutions or cash redemptions. 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. WINNER IS RESPONSIBLE FOR ALL TAXES AND FEES ASSOCIATED WITH PRIZE RECEIPT AND/OR USE. ARV of all prizes combined: $100.00.

All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.

  1. Release: BY PARTICIPATING, ENTRANTS AND WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, PRIZE PROVIDER, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), 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 PROMOTION, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY PROMOTION-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.  Sponsor is not responsible if Promotion 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.
  2. Publicity: Except where imposing such condition is legally prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
  3. License to Submission:  By submitting an entry or accepting any prize, you represent and warrant the following: (a) all entries submitted by you are your original creations; (b) none of your entries has been copied in whole or in part from any other work; (c) your entries do not violate or infringe any copyright, trademark, or other proprietary right of any person or entity; (d) Sponsor will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, reproduction, modification, publication, display or other exploitation of any of your entries; and (e) the entries submitted by you do not contain any viruses, Trojan horses, worms or other disabling devices or harmful code.

By participating, you hereby grant Sponsor, without additional consideration, a worldwide, non-exclusive right and license, with the right to sublicense, to reproduce, modify, publish, display and otherwise exploit your entries. You understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules.  Please note that your entry may be posted on the Foursquare services and/or website.  Sponsor is not responsible for any unauthorized use of your entry by users of the Foursquare services or website.  While Sponsor reserves these rights, Sponsor is not obligated to use your entry for any purpose, even if it has been selected as a winning entry.  If you do not want to grant Sponsor these rights to your entry, please do not enter this Promotion.   

If applicable, all entrants retain ownership of the copyright in their entries submitted, subject only to the license granted in this Section.  

  1. 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.
  2. 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.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, INCLUDING ARISING OUT OF ACCESS TO AND/OR USE OF SWARM AND/OR ANY SITES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION 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.

  1. Disputes/Choice of Law: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion 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. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

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 Promotion, 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.  

  1. Entrant’s Personal Information: Information collected from entrants in the Promotion will be used by Sponsor in accordance with its privacy policy, available at https://foursquare.com/legal/privacy. By participating in the Promotion, 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.
  2. Name of Winner: To obtain the name of the winner, send a self-addressed, stamped envelope by to:  Foursquare Labs, Inc. ATTN: MYSWARMINGSUMMER XFINITY Theatre for Weekend Warrior World Tour with Brad Paisley (WINNER’S LIST) – 568 Broadway, 10th Floor, New York, NY 10012.

Live Nation Worldwide, Inc. is not the Sponsor or Administrator of this Promotion, and is in no way responsible for the administration of the Promotion or the verification or selection of winner.  All inquiries regarding the Promotion should be addressed to Sponsor and not to Live Nation.