Pokémon GO Stufful Community Day Retweet Sweepstakes

Pokémon GO Stufful Community Day Retweet Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

VOID WHERE PROHIBITED. SWEEPSTAKES IS SOLELY OPEN TO RESIDENTS OF COUNTRIES WHERE THE POKÉMON GO APPLICATION HAS BEEN OFFICIALLY RELEASED. RESIDENTS OF COUNTRIES WHERE THE POKÉMON GO APPLICATION HAS NOT BEEN OFFICIALLY RELEASED AS OF APRIL 18, 2022, AND RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BELGIUM, BRAZIL, BURMA, CHINA, COTE D'IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, ITALY, LIBERIA, NORTH KOREA, PAKISTAN, RUSSIA, SUDAN, SWEDEN, SYRIA, UNITED ARAB EMIRATES, AND ZIMBABWE.

ENTRY IN THIS SWEEPSTAKES CONSTITUTES ENTRANT ACCEPTANCE OF THESE OFFICIAL RULES.

The Pokémon GO Stufful Community Day Retweet Sweepstakes** (the “Sweepstakes”) is a chance-based sweepstakes; skill will play no part in determining the winners of the Sweepstakes. The eligible entries will be included in a random drawing to determine the winning Entrants (defined below) in accordance with these Rules. The prizes will be awarded to Entrants randomly selected. **See below for the complete details. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter.

1. BINDING AGREEMENT: In order to enter the Sweepstakes, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an entry in the Sweepstakes, Entrants agree to these Rules. Entrants may not submit an entry to the Sweepstakes and are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between Entrants and Niantic with respect to the Sweepstakes.

2. ELIGIBILITY: To be eligible to enter the Sweepstakes, you (“Entrant”) must: (1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of entry; (2) not be a resident of a country where the Pokémon GO application has not been officially released as of April 18, 2022 or a resident of any of the following countries; the Balkans, Belarus, Belgium, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Russia, Sudan, Sweden, Syria, United Arab Emirates or Zimbabwe; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of April 18, 2022. Entrants agree that if a winner they will provide any additional necessary information or consents necessary to confirm eligibility as a winner. Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law. Sweepstakes is void in the Balkans, Belarus, Belgium, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Russia, Sudan, Sweden, Syria, United Arab Emirates, Zimbabwe and where prohibited by law. Employees, interns, contractors, and official office-holders of Niantic, Inc., The Pokémon Company, The Pokémon Company** **International, their respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Sweepstakes Entities”), and members of the Sweepstakes Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Sweepstakes. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.

3. SPONSOR: The Sweepstakes is sponsored by Niantic, Inc. (“Niantic” or “Sponsor”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA.

4. SWEEPSTAKES PERIOD: The Sweepstakes begins at 10:00:00 A.M. Pacific Time (PT) Zone in the United States on April 18, 2022 and ends at 11:59:59 P.M. PT on April 23, 2022 (“Sweepstakes Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO ENTER: During the Sweepstakes Period, log-in to your Twitter account and navigate to one of the following official Pokémon GO Twitter accounts: @PokemonGoApp; @PokemonGOdeu; @PokemonGOAppTR; @PokemonGoAppIN; @PokemonGoAppLA; @PokemonGOappTW; @pokemongoappko; @PokemonGOAppJP; @PokemonGOespana; @PokemonGOfr; @PokemonGOAppTH; or @PokemonGoAppPOL. To receive one (1) entry: (i) locate and retweet a Sweepstakes tweet from one of these accounts: and (ii) follow that account. These two steps may be done in either order.

Important Note: The content of your retweet will not be judged and therefore will not increase or decrease your chances of winning.

LIMIT OF ONE (1) ENTRY PER ENTRANT USING ONLY ONE (1) TWITTER ACCOUNT THROUGHOUT THE SWEEPSTAKES PERIOD. Entrants may only use one (1) Twitter account to participate in the Sweepstakes. All entries must be received by 11:59 P.M. PT on April 23, 2022 and subsequently received entries will be disqualified. Entries are void if they are in whole or part incomplete (e.g. do not contain the complete initial tweet from an official Pokémon GO Twitter account), altered, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the email address associated with the Twitter account used for entry, and the potential winner may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain.

**6. ENTRY REQUIREMENTS: **In addition to meeting the criteria in section 5 above, each entry must also meet the following criteria:

(a) It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Sweepstakes.

(b) It must not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations in any state, province or other jurisdiction where entry is created.

(c) It must not contain any content (excluding Sponsor’s content as required herein), material or element that displays any third party advertising, slogan, logo, trademark, or indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Sweepstakes, as determined by Sponsor, in its sole discretion.

(d) It cannot contain any content, element or material that violates a third party’s publicity, privacy or intellectual property rights, other than Sponsor’s content and/or material as required herein.

7. **RANDOM DRAWING: **One (1) potential Grand Prize winner and one hundred (100) potential First Prize winners will be selected in a random drawing on or about May 2, 2022, from among all eligible entries received throughout the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received throughout the Sweepstakes Period.

On or about May 2, 2022, the potential winners will be notified via Twitter direct message or via an Twitter reply comment to their entry retweet. If a potential winner does not respond to the notification attempt within forty-eight (48) hours from the notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected in a random drawing from among all eligible entries received. Potential winners may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information, such as that referenced in section 9 below, that may be required by Sponsor. Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected in a random drawing from among all eligible entries received. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Sponsor are final and binding.

**8. PRIZES: **

Grand Prize (1): Winner will receive a trip that includes six (6) nights, five (5) days standard hotel accommodations for winner and one (1) guest to Honolulu, Hawaii, USA. The trip also includes roundtrip, coach class air transportation for winner and guest from a major international gateway airport near winner’s residence to an airport near destination, Pokémon GO tropical-themed Avatar Outfit sets (in-game items ) for winner and guest, and $1,250 USD in general purpose gift cards which may be used towards meals and ground transportation while on trip. Sponsor may, at its sole discretion, also provide winner and guest with the opportunity to participate in a volunteer experience with a non-profit organization, but such experience shall be optional. The Approximate Retail Value (“ARV”) of the Grand Prize: $ 4,500.00** **USD. Any additional air or ground transportation necessary to redeem prize, or additional fees including service charges, meals, beverages, souvenirs, incidentals, gratuities, phone calls, travel insurance, and any and all other expenses not specifically mentioned herein are the sole responsibility of the winner. Winner and guest are responsible for all necessary travel authorizations such as passports, visas, and/or government identification. Winner and guest may also be required to quarantine, provide proof of vaccination, and/or provide proof of a negative COVID-19 test as instructed prior to travel within the timeframe specified by Sponsor or winner may forfeit the Grand Prize at Sponsor’s sole discretion. No transfer, assignment, change of the prize, or cash substitution is permitted, except at the sole discretion of the Sponsor. If the winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize will not be awarded. Other restrictions may apply. If the winner resides within a 200-mile radius of Honolulu, Hawaii, USA, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value may vary based on point of departure. In the event winner elects not to travel with a guest, no compensation or substitution will be provided in lieu thereof. Winner will have a one (1) year (twelve month) redemption window for the Grand Prize trip, commencing upon confirmation and verification of the winner, subject to the following blackout dates: May 27-May 30, 2022; July 1-July 5, 2022; December 19, 2022 - January 8, 2023.

Runner-up Prizes (100): Each winner will receive a Pokémon GO tropical-themed Avatar Outfit set consisting of the following in-game items: (1) Comfey Alola Shirt, (1) Round Sunglasses, (1) Flabébé Hairpin, (1) Backpacker Capris, (1) White Track Shorts, and (1) Red Sandals. ARV of each Runner-up Prize: $4.99 USD. Winners will receive a Twitter direct message from Sponsor with codes to redeem this prize. Winners may not sell or transfer codes to any other person. No compensation or substitution will be provided if the winner already has these items in their inventory.

PRIZE CONDITIONS: Exact hotel or Grand Prize to be determined by Sponsor, in its sole discretion. Prize awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute any prize. Winners may assign or transfer prize only with the approval of the Sponsor, which may only be done at the Sponsor’s sole discretion. Winners may not redeem any prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.

Note: Grand Prize winner and his/her guest irrevocably waives all claims against the Sweepstakes Entities and agrees that the Sweepstakes Entities will have no liability or responsibility for any claim arising in connection with participation in this Promotion, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of the Grand Prize winner participating in the Promotion and related activities, wherever, whenever or however the same may occur. Grand Prize winner fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by any/all travel providers or those providing accommodations (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.

In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least 101 eligible entries received in compliance with these Rules, all prizes will be awarded.

9. TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS/WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO NIANTIC ALL DOCUMENTATION REQUESTED BY NIANTIC TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF WINNER SOCIAL SECURITY NUMBERS FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE NET OF ANY TAXES NIANTIC IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Niantic or otherwise required by applicable law, to Niantic or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Niantic may, in its sole discretion, select an alternative potential winner.

10. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Niantic reserves the right to disqualify any Entrant from the Sweepstakes if, in Niantic’ sole discretion, it believes that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, viewers, or Niantic.

11. INTELLECTUAL PROPERTY RIGHTS: As between Niantic and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their entry (with the exception of Pokémon GO characters and content, which will remain the property of Niantic or its licensors). Entrants are responsible for securing proper intellectual property protections. Niantic will not assume ownership responsibility. Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity. As a condition of entry, Entrant grants Niantic, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display contents of the photo: (1) for the purposes of allowing Niantic to evaluate the entries for purposes of the Sweepstakes, and (2) in connection with advertising and promotion to the public or other groups, including, but not limited to, the right to make screenshots, animations and Photo montages available for future advertising and promotional purposes.

12. PRIVACY: Entrant acknowledges and agrees that Niantic may collect, store, share and otherwise use any personally identifiable information provided to Niantic throughout the Sweepstakes, including, but not limited to, name, Twitter username and email address. Niantic will use this information in accordance with its Privacy Policy located at https://www.nianticlabs.com/privacy/pokemongo/en, including without limitation for administering the Sweepstakes and verifying an Entrant’s identity, age, postal address, email address, Twitter username and telephone number in the event an entry photo qualifies for a prize and for marketing purposes as permitted by law. Entrant’s information may also be transferred to countries outside the country of their residence, including the United States. Such other countries may not have privacy laws and regulations similar to, or deemed adequate by, those of the country of Entrant's residence. Entrant has the right to request access, review, rectification or deletion of any personal data held by Niantic in connection with the Sweepstakes by writing to Niantic at this email address: sweepstakes@nianticlabs.com.

13. PUBLICITY: By accepting a prize, Entrant agrees to Sponsor and its agencies use of his or her name and/or likeness, contents of photo for advertising and promotional purposes of the Sweepstakes without additional compensation, unless prohibited by law. As described in section 7, Entrants may be asked to complete a publicity release.

14. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sweepstakes Entities and Twitter at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any representation or warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or (a) any entry or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Entrant in connection with the Sweepstakes; (c) any non-compliance by the Entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Entrant’s involvement with the Sweepstakes; (e) acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; (f) any malfunction or other problem with the Sweepstakes Site; (g) any error in the collection, processing or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

15. ELIMINATION: Any false or incorrect information provided within the context of the Sweepstakes by any Entrant concerning identity, age, mailing address, telephone number, email address, ownership of right, or non-compliance with these Rules, or the like, may result in the immediate elimination of the Entrant from the Sweepstakes.

16. INTERNET AND OTHER TECHNICAL ISSUES: Sweepstakes Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Sweepstakes Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.

22. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Sweepstakes is not capable of running as sponsor intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Niantic reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and if terminated, Niantic may elect to select the potential winners in a random drawing for the Sweepstakes from among all eligible Entrants received prior to action taken. Niantic further reserves the right to disqualify any Entrant who violates these Rules or tampers with the submission process or any other part of the Sweepstakes or Sweepstakes Site. Any attempt by an Entrant to deliberately damage any website, including the Sweepstakes Site, or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Niantic reserves the right to seek any and all remedies available from any such Entrant to the fullest extent of the applicable law.

18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the posting of a retweet entry into the Sweepstakes, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Niantic, or the Sweepstakes Entities. Entrants acknowledge that entries have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between Entrant and Niantic or the Sweepstakes Entities and that no such relationship is established by Entrant’s submission of an entry under these Rules.

19. LIMITATION OF LIABILITY: Niantic is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible garbled entries, Twitter retweets or comments, or entries, Twitter retweets or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes (but not the development of the entry) but in no event attorneys’ fees; and Entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

20. **FORUM AND RECOURSE TO JUDICIAL PROCEDURES: **To the extent permitted by law, these Rules shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Sweepstakes are hereby excluded, and all Entrants expressly waive any and all such rights.

21. DISPUTES: By entering the Sweepstakes, Entrant agrees that all disputes between Entrant and Niantic of whatsoever kind or nature arising out of these Rules, shall be subject to Niantic’s standard Terms of Service available at https://www.nianticlabs.com/terms/pokemongo/en.

22. WINNER INFORMATION: You may request the first name, last initial, city/province and state of the Grand Prize winner after May 7, 2022 by emailing sweepstakes@nianticlabs.com no later than June 7, 2022.