Found Sweepstakes Official Rules

Published: July 12th, 2023

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY.  THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC., INSTAGRAM OR TWITTER.  VOID WHERE PROHIBITED.

1. Eligibility.  The Found Sweepstakes (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, have reached the age of majority in their home jurisdiction at the time of entry, and have an active and valid Found account.  Employees of Sponsor and its related companies 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 federal, state, and local laws and regulations and is void where prohibited by law.

2. Sponsor.  Indie Technologies, Inc. (dba Found), 981 Mission St. #64 San Francisco, CA 94103. 

3. Agreement to Official Rules.  Your comment and posting as described in Section 5 below constitutes your full and unconditional agreement to these Official Rules and the decisions of Sponsor, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

4. Entry Period.  The Promotion will begin and end on the dates and times provided in our app and/or the Promotion announcement (each an “Entry Period”).  All times related to Entry Periods will be provided in U.S. Eastern Daylight Time (“EDT”).  Entries received prior to or after an Entry Period will be disqualified.  Non-winning entries from one Entry Period will not be carried forward into subsequent Entry Periods.

5. How to Enter.  To enter, during an Entry Period, (i) go to Sponsor’s social media page located at https://www.instagram.com/foundforbusiness, or https://www.twitter.com/foundforbiz and follow the page (if you do not already), (ii) click on the Promotion announcement post, (iii) publicly tag at least three (3) friends beneath the post in the comments section (the “Entry”), and (iv) have an active and valid Found account.  Limit:  one (1) entry per person and per Instagram, or Twitter account, regardless of the platform through which entry is made.  Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.  Entries will not be acknowledged or returned.  All personal information submitted in connection with an entry will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy, available at https://found.com/.

6. Additional Requirements for Entry.  Entries must not: (a) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (b) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (c) contain any content that is protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right; (d) contain any personally identifying information about any individual that you do not have consent or authorization to provide; (e) contain any confidential information, or any material, non-public information about any company; or (f) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network.  Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry for any reason, or take down any post that it finds offensive or that violates these Official Rules.  Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant Entry.  Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected Entries, which will be disqualified. Proof of submission of an Entry will not be deemed proof of receipt.

7. Selection of Potential Winners.  Within approximately ten business (10) days following the close of each Entry Period, Sponsor or its designee will randomly select one (1) potential winner from among the eligible entrants received during such Entry Period.  Odds of winning depend on the number of eligible Entries received.  Potential winners will be notified by direct message on Instagram, or Twitter, depending on how their Entry was made, and will be required to provide contact information, including the email address associated with their Found Account.  If a potential winner cannot be contacted within two (2) days of the first attempt to contact them, Sponsor will select an alternate potential winner in their place.

8. Requirements of Potential Winners.  Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use the winner's name, picture, likeness, address (city and state), entry and biographical information for advertising and publicity purposes, worldwide, without further compensation.  Potential winners may be required to submit proof of age and identity, as well as EIN (for tax reporting purposes), as a condition of receiving a prize.  Winners agree to make themselves reasonably available to participate in Sponsor’s promotional activities.

9. Prize.  A winner will receive one of the following prizes as listed [in the Promotion announcement post or within our app] [below].  All federal, state, and local taxes and all other expenses not specifically mentioned herein are the responsibility solely of the winner.  Prizes are non-transferable and non-assignable.  No cash or other substitution permitted, except that Sponsor reserves the right to substitute a prize with another of comparable or greater value at Sponsor’s sole discretion.  Limit: one (1) prize per person. 

   1. Prizes and Approximate Values

      1. Cash $100

      2. Cash $100

      3. Cash $100

      4. Cash $200

10. Sponsor’s Rights to Entries.  By entering the Promotion, you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to:  (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your Entry into other works or into Sponsor’s or its designees’ products or services; (c) use your Entry for Sponsor’s advertising and promotional purposes; and (d) use your name, photograph, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Promotion, any future Sponsor promotions, and/or Sponsor, except to the extent prohibited by applicable law.  Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your Entry have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.

11. Release and Limitation of Liability.  By participating in the Promotion, you agree to release, indemnify and hold harmless Sponsor, Sponsor’s parent and related companies, Meta Platforms, Inc., Twitter, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Promotion, creation of your Entries, or receipt, use, or misuse of any prize, including, but not limited to:  (a) claims that your Entries violate any intellectual property, publicity, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your Entries; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Promotion; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected, or undeliverable mail, email, or other communications; (g) claims arising from errors in the administration of the Promotion or the processing of entries; (h) claims arising from injury, death, or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights, or on the rights of publicity or privacy.  You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees.  YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
    
    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12. Disputes.  To the extent permitted by applicable law, by entering the Promotion, you agree that any and all disputes, claims and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York City, New York.  All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.

13. General Conditions.  In the event that the operation, security or administration of the Promotion is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify and/or cancel the Promotion and, if feasible, select potential winners from among eligible, salvageable, and non-suspect entries received on or before the termination date.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in a disruptive manner.  Any attempt by any person to undermine the 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.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.  In the event of a dispute as to any entry, the authorized account holder of the Instagram, or Twitter account used to enter will be deemed to be the entrant.  In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Promotion.  If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

14. Results.  For the results, go to https://www.instagram.com/foundforbusiness, or https://www.twitter.com/foundforbiz within approximately fifteen (15) days following the close of an Entry Period.