TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
ELIGIBILITY. Boingo Ugly Sweater Contest (the “Contest”) is open to legal residents of the 50 United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Employees and contractors of Boingo Wireless, Inc. and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of such employee or consultant are not eligible. The Contest is subject to federal, state, and local laws and regulations.
SPONSOR. The Contest is sponsored by Boingo Wireless, Inc. (“Sponsor”). Sponsor’s address is at 10960 Wilshire Blvd, 23rd Floor, Los Angeles, CA 90024.
AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes entrants’ full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
CONTEST PERIOD. The Contest begins at 12:00am PDT on 12/2/19 and ends at 11:59pm PDT on 12/13/19 (“Contest Period”). Entries which are received after the Contest Period will be disqualified.
HOW TO ENTER.
No purchase or payment of any kind is necessary to enter or win this sweepstakes. To enter the Contest, entrant must upload a photo of themself wearing an ugly sweater to the contestant’s public Instagram account with the hashtag #BoingoUglySweaterContest. Each photo uploaded during the Contest Period with the correct hashtag will receive one (1) entry into the Contest.
PRIZE & WINNER SELECTION
Three (3) contestants will be chosen to win Amazon.com Gift Cards. First place will receive a $100 Gift Card. Second place will receive a $50 Gift Card. Third place will receive a $25 Gift Card.
- Winners will be selected by Sponsor on 12/16/19.
A potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release. Prize may be forfeited if the winner: (i) cannot be reached; (ii) does not respond to the notification within the time provided herein; (iii) cannot accept or receive the prize for any reason; or (iv) refuses to execute the appropriate documents.
Contestants must continue to comply with all terms and conditions of these Terms and Conditions and winning is contingent upon fulfilling all requirements.
WINNER NOTIFICATION. The winners will be notified via email where possible. Sponsor reserves the right to use additional means to contact winner, at its sole discretion (Including phone, text or Instagram). If a winner does not respond to notification from Sponsor as a winner by 4:00 PM PDT on the third calendar day of Sponsor’s notification, then the prize will be forfeited. Winner must provide his or her address to receive the Prize.
GENERAL CONDITIONS. By choosing to participate in the Contest, each contestant acknowledges and agrees that Sponsor has the right, in its sole discretion, to elect not to proceed with the Contest for any reason whatsoever.
The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages and any other remedies from any such person to the fullest extent permitted by law.
Failure by the Sponsor to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
PERMISSIONS. Except where prohibited by law, entry constitutes permission to use entrant and winners’ names, hometown cities and states, voices, likenesses, entries for online posting, and/or any advertising and publicity in any form without additional compensation. Winners may also be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving a prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize. In such a case, an alternate winner will be selected at random from the eligible entries.
RELEASE & LIMITATIONS OF LIABILITY. By participating in the Contest, entrants agree to forever and irrevocably release and hold harmless the Sponsor and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim, cause of action, or proceeding arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; (f) ambiguity with respect to these Official Rules; or (g) any injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt, use or misuse of any prizes (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, if any, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
EACH WINNER AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE CONTEST OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
Sponsor makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE LOS ANGELES COUNTY, CALIFORNIA. ANY CONTROVERSY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT, SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.