COCO MoCA THE FINE ART OF THE FLAMING C
Official Rules 2011
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD: Begins on July 21, 2011 at or about 9:00 a.m. Pacific Time ("PT") and ends on July 24, 2011 at or about 5:00 p.m. PT (the "Promotion Period"). Foursquare Labs, Inc. and/or Administrator’s computers are the official time-keeping devices for this Promotion.
2. ELIGIBILITY: COCO MoCA The Fine Art Of The Flaming C (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the date of their entry, who have a mobile phone enabled with the ability to download the Foursquare application and are subscribed to a flat rate plan as of July 20, 2011, or as of the first time they heard about this Promotion, whichever is earlier, and who will be in or around San Diego’s Gaslamp District at some point during the Promotion Period. Employees of Turner Entertainment Networks, Inc. (“Turner”) and Foursquare Labs Inc. (“Foursquare”) (Turner and Foursquare are, collectively, the “Sponsors”) Bottlerocket Marketing Group, LLC (the “Administrator”) Team Coco Digital, LLC and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Promotion Entities”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER/PLAY: During the Promotion Period, login to your Foursquare Labs, Inc. Foursquare® account or create a Foursquare account. If you are not a registered member of Foursquare, you can 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’s terms and conditions. Once logged into your account, follow the links and instructions to “check in” at COCO MoCA: The Flaming C (Venue link: https://foursquare.com/venue/25519668) located on 363 5th Avenue, Suite 102, San Diego, CA, 92101 (the "Location"). In order to check in to the location, you must be in or immediately adjacent to the Location's perimeter (approximately 500 feet), use your wireless mobile device to access Foursquare, and follow the system's instructions to check in to the Location. Limit: Each entrant may only check in to the Location one (1) time per day throughout the Promotion Period. For purposes of these official rules, a “day” is defined as 12:00:00 am PT to 11:59:59 pm PT. Each time an entrant checks in to the Location in accordance with these Official Rules, he/she will earn one (1) entry into the Sweepstakes Grand Prize drawing, which will take place after the Promotion Period has ended.
Multiple entrants are not permitted to share the same email address and/or Foursquare account. 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 entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register the Foursquare account 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. In the event the dispute cannot be resolved to Sponsors’ and/or Administrator’s satisfaction, the affected entry will be deemed ineligible. The potential winner may be required to show proof of being the authorized account holder. Foursquare has the right to verify the location of all check ins, and checking in to the Location without being immediately adjacent to or in the Location’s perimeter (as determined by Foursquare) is prohibited and will result in disqualification. Entrants should read the terms and conditions that apply to the third-party applications that they download or use in connection with the Promotion; entrants will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owner’s manual for specific two-way mobile device instructions. Other functions may not be available through all wireless carriers. By entering, entrants provide Sponsors the right to contact entrants via Foursquare, email, or via any other means contained in their Foursquare profile for prize notification purposes and to send them confirmation and/or prize redemption information via Foursquare’s messaging functionalities.
4. SWEEPSTAKES RANDOM DRAWING: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and to the selection of the potential winner are final and binding in all matters related to the Promotion.
Sweepstakes Random Grand Prize Drawing: On or about 7/26/11, Administrator will randomly select the potential Sweepstakes Grand Prize winner from among all eligible entries received throughout the Promotion Period. The odds of winning the Sweepstakes Grand Prize depends upon the total number of eligible entries received throughout the Promotion Period.
5. NOTIFICATION/VERIFICATION AND ACCEPTACE OF PRIZE: Being confirmed as an official prize winner is contingent upon compliance with these Official Rules.
Sweepstakes Potential Grand Prize Winner: The potential Grand Prize winner will be contacted by Sponsors and/or Administrator via Foursquare, email, and/or phone on or about 7/26/11. The potential Grand Prize winner will be required to sign and return an affidavit of eligibility/compliance (including providing his/her Social Security Number for tax purposes) and a publicity/liability release ("Release"), as allowed by law, by the return date specified in the prize notification communication or he/she will forfeit the Grand Prize. Grand Prize winner’s guest must also sign and return a Release (except where prohibited) prior to the issuance of travel documents or the companion portion of the prize (and all elements that go along with it) will be forfeited and Grand Prize winner will travel alone. Travel companion must be of the legal age of majority, unless (s)he/they is/are a child or ward of the Grand Prize winner. If a travel companion is an eligible minor, in accordance with these Official Rules, then his/her parent/legal guardian must execute such documents on his/her behalf. In the event of Grand Prize forfeiture, or if a potential Grand Prize winner is unreachable, the prize notification communication is undeliverable, or if a potential Grand Prize winner declines acceptance of the Grand Prize, Sponsor may award the Grand Prize to a randomly selected alternate potential Grand Prize winner. The Grand Prize winner will be issued a Form 1099, as required by the Internal Revenue Service, in the amount of the total actual retail value of the Grand Prize. Upon an eligible check in, the entrant will receive a notification through Foursquare that they have received one (1) entry into the Promotion.
ALL POTENTIAL PROMOTION ENTRANTS ARE SUBJECT TO VERIFICATION BY SPONSORS AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF A COMMUNICATION NOTIFICATION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND ENTRY HAVE BEEN VERIFIED IN SPONSORS’ DISCRETION. SPONSORS AND ADMINISTRATOR WILL NOT ACCEPT SCREEN SHOTS OF MESSAGES OR ANY OTHER EVIDENCE OF ENTRY IN LIEU OF THE VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER ANY ADMINISTRATIVE SYSTEM HAS FAILED FOR ANY REASON, OR IN SPONSORS’ SOLE DISCRETION IS NOT IN ACCORDANCE WITH THESE OFFICIAL RULES IS DEEMED A DEFECTIVE ENTRY, IS VOID, AND WILL NOT BE HONORED.
6. GRAND PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Sweepstakes Grand Prize: One (1) Grand Prize winner will receive a 3-Day/2-Night trip package for the Grand Prize winner and one (1) guest to Los Angeles, CA. The Grand Prize package consists of the following elements: (a) round-trip coach class air transportation for the Grand Prize winner and one (1) guest from a major airport near Grand Prize winner’s home (as determined by Sponsors), to a major airport near Los Angeles (as determined by Sponsors); (b) two (2) nights standard hotel (one room, double occupancy) accommodations at a hotel of Sponsors’ selection near Los Angeles; (c) round trip ground transportation to/from the major airport near LA to/from the hotel of Sponsors’ selection near LA; (d) two (2) passes to see a taping of CONAN; and (e) the opportunity to take a tour of the DC Entertainment facilities for the Grand Prize winner and guest. ARV of the Grand Prize is three thousand and five hundred dollars ($3,500).
General Information: The total ARV of all Promotion Prizes is three thousand and five hundred dollars ($3,500). No cash equivalent allowed, and the prize is non-transferable. No substitution will be made except in the Sponsors’ sole discretion. Sponsors reserve the right to substitute a prize, or portion thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. All prize details are in Sponsors’ discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Acceptance of the prize constitutes permission (except where prohibited by law) to use the prize winner's and guest’s names, hometowns and likenesses for the purposes of advertising, online promotion and publicity, for no additional compensation, permission, or notification to the prize winner, in any and all media as Sponsors deem fit. The Grand Prize trip must be taken on dates approved by Sponsors, or else Grand Prize may be forfeited. It is the responsibility of the Grand Prize winner and guest to be in possession of all necessary travel documentation (e.g., ID, valid passport) at the time and place of departure, or Grand Prize may be forfeited. Actual value of the Grand Prize depends on any fluctuations in current market conditions at the time of prize fulfillment and the location of Grand Prize winner’s residence. Any difference between the stated ARV and the actual value, if any, will not be awarded as cash. If the Grand Prize winner lives within a reasonable distance to LA, in the Sponsors’ sole discretion, the Sponsors hereby reserve the right to substitute ground transportation instead of air transportation, and no difference in value will be paid to the Grand Prize winner in such event. Trip is subject to air/hotel availability, the vagaries of flight variation, work stoppages, schedule or route changes, holiday and blackout dates, and any other travel conditions/restrictions that may apply. All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including, but not limited to, taxes, meals, luggage fees, other events, and gratuities are solely the responsibility of the Grand Prize winner and/or guest. Complete terms and conditions of Grand Prize trip will be furnished with prize notification and/or further correspondences. Travel must be made through the Sponsors’ agent on a carrier of the Sponsors’ choice. Grand Prize winner and guest must travel on the same itinerary (air and/or ground) and stay at the same hotel. Grand Prize trip may not be combined with any other offer and travel may not qualify for upgrade or frequent flyer miles. The Grand Prize winner’s guest must be of the age of majority in their jurisdiction of residence (unless Sponsor agrees otherwise), or if the guest is a minor, the winner must be such companion’s parent or legal guardian. The Promotion Entities will not replace any lost or stolen tickets, travel vouchers, or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return. The Promotion Entities reserve the right to remove or to deny entry to the Grand Prize winner or guest if, in Sponsors’ discretion, the Grand Prize winner and/or guest act in an inappropriate, non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. The Promotion Entities shall not be responsible for any cancellations, delays, diversions, substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. If any portion of the Grand Prize is unable to take place as planned, for any reason, including, but not limited to, cancellation, scheduling conflicts or an event of force majeure, that portion of the prize will be forfeited, the remaining components of the Grand Prize will be awarded, the Sponsors’ obligation to the Grand Prize winner will be deemed fulfilled, and no other additional compensation will be provided. Grand Prize conditions may be added or modified by companies providing those portions of the Grand Prize. The Grand Prize trip must be taken within one (1) year of acceptance or prize will be forfeited. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
7. RELEASE: By participating in the Promotion or accepting any prize, entrants and Grand Prize winner agree to release and hold harmless the Promotion Entities 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.
8. PUBLICITY: Except where imposing such condition is legally prohibited, participation in the Promotion constitutes each entrant’s consent to Sponsors’ and its agents’ use of such entrant’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. GENERAL CONDITIONS: Sponsors reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of any aspect of the Promotion, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the Grand Prize at random from among the eligible entries received up to the time of the impairment. Sponsors reserve the right, in their sole discretion, to disqualify any individual they find 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 inappropriate, 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. LIMITATIONS ON LIABILITY: The Promotion Entities 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 that may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Promotion entry, if possible. If the Promotion, or any part of it, is discontinued for any reason, Sponsors, in their sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance to award the Grand Prize offered herein. No more than the one (1) Grand Prize will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the one (1) prize set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated prize by a random drawing from among all legitimate, un-awarded, eligible prize claims. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
11. DISPUTES: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF GEORGIA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED ARE HEREBY WAIVED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
12. PERSONAL INFORMATION: Information collected from entrants, including through your use of your Foursquare account in connection with the Promotion, may be shared with the Promotion Entities, which will use such information in accordance with their respective privacy policies. Except as otherwise set forth in these Official Rules, information collected from entrants is subject to and will be used in accordance with the Sponsors’ Privacy Policies which can be found at www.tbs.com/privacy and https://foursquare.com/legal/privacy
13. WINNERS LIST: For the name of the winners, available after 8/15/11, send a stamped, self-addressed envelope, to be received by 9/30/11 to: COCO MoCA The Fine Art Of The Flaming C Winners List, c/o Bottlerocket Marketing Group, LLC, 298 5th Avenue, 2nd Floor, NY, NY, 10001.
14. SPONSORS/ADMINISTRATOR: The Sponsors of the Promotion are Turner Entertainment Networks, Inc., 1050 Techwood Drive, NW, Atlanta, Georgia 30318, and Foursquare Labs Inc. 36 Cooper Square, 5th Floor, New York, New York 10003. The Administrator of the Promotion is Bottlerocket Marketing Group, LLC, 298 5th Avenue, 2nd Floor, New York, New York 10001.
No purchase necessary. Void where prohibited. Begins on July 21, 2011 at or about 9:00 a.m. PT and ends on July 24, 2011 at or about 5:00 p.m. PT. The Promotion is open only to legal residents of the 50 US and DC who are 18 years of age or older as of the date of their entry, who have a mobile phone enabled with the ability to download the Foursquare application and are subscribed to a flat rate plan as of July 20, 2011, or as of the first time they heard about this Promotion, whichever is earlier, and who will be in or around San Diego’s Gaslamp District at some point during the Promotion Period. For complete official rules, including odds, entry information and prize descriptions/restrictions, visit www.teamcoco.com/flamingsweeps. Sponsors: Turner Entertainment Networks, Inc. and Foursquare Labs Inc.