Game of Cones Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR ICE CREAM SHOP’S CHANCES OF WINNING.

SUMMARY: The Game of Cones contest (the “Contest”) offers Foursquare® (“Foursquare”) users the opportunity to help their favorite ice cream shop receive the “Iron Cone” as detailed below. Users use the Foursquare® application to check-in to their favorite eligible (as specified below) ice cream shops in order to earn votes (each a "Vote") for the ice cream shops. The total number of Votes earned by each ice cream shop will determine, or help determine, the winning ice cream shop, as described below.

1. Eligibility: a) Voter Eligibility: Only legal residents of the 50 United States (or the District of Columbia) who are at least 13 years old, reside within the United States at the time of participation, and who are registered Foursquare users are eligible to Vote (each a "Voter"). For more information about becoming a Foursquare user, see Section 15, below. Further details of actions that earn Votes are set forth in Section 5 below. b) Ice Cream Shop Eligibility: Only the 18 brick and mortar locations of the participating businesses (listed on https://gameofcones.foursquare.com and https://gameofcones.foursquare.com/sf) are eligible to win the "Iron Cone" (each an “Ice Cream Shop”). All Requests must be received before 11:59 p.m. ET on June 21, 2013 to be considered. See further details, requirements and restrictions for eligible Ice Cream Shops in Sections 7 and 8 below. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. 2. Sponsor: The Contest is sponsored by Foursquare Lab, Inc and Home Box Office, Inc.

3. Agreement to Official Rules: Participation in this Contest constitutes each Voter's full and unconditional agreement to these Official Rules and the Sponsors’ decisions, which are final and binding in all matters related to this Contest.

4. Timing: The Contest begins on June 7, 2013 at 12:00 a.m. (midnight) Eastern Time ("ET") and ends on June 21, 2013 at 11:59 p.m. PDT (the "Contest Period"). Foursquare’s computer is the official time-keeper for the Contest and will determine all timing. 5. How to Vote in the Contest: During the Contest Period, you may Vote for an Ice Cream Shop by using the Foursquare® application loaded on your mobile device to check-in at the Ice Cream Shop AND include the hastag “#GameOfCones" in the check-in. Only legitimate and valid Foursquare check-ins (as determined by Sponsor in its sole discretion) from real user accounts will count toward the total number of check-ins for each Ice Cream Shop. In order for a check in to count as a Vote for an Ice Cream Shop, the check in must be in or immediately adjacent to the Ice Cream Shop’s perimeter when he or she checks-in.

Votes generated by script, macro and/or other automated means or otherwise not in accordance with Foursquare’s policies or these Official Rules, will be void. Note: A Voter will not receive any award or prize from the Sponsor or the Ice Cream Shop for Voting in this Contest.

6. Prize: The "Iron Cone" prize is to be determined by Sponsor.

7. Winning Ice Cream Shop Determination: At the end of the Contest Period, Foursquare will calculate the total number of Votes accumulated for each Ice Cream Shop. The Ice Cream Shop with the most Votes will be deemed the winner of the “Iron Cone.” Sponsor will contact an Ice Cream Shop representative, who warrants that he or she has the authority to act on behalf of the Ice Cream Shop, to work with (individually or collectively a "Representative") and Sponsor will notify the Representative winner by email, mail or phone on or around June 30, 2013. Representative will be required to complete an acceptance document (the "Acceptance Document") within 30 business days or forfeit the “Iron Cone.” If the winner forfeits, cannot be reached, or is disqualified for any reason, Sponsor reserves the right to contact a runner-up Ice Cream Shop, if any, in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate winner should the voting or any other portion of the Contest appear to have been tampered with or manipulated in any way. 8. Winning Ice Cream Shop Requirements: Signing the Acceptance Document and acceptance of the “Iron Cone” shall constitute and signify the Representative's agreement and consent, on behalf of the Ice Cream Shop, that Sponsor and its designees may use the Representative's and/or the Ice Cream Shop’s name, city, state, photo, and/or grant information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. The Representative, on behalf of the Ice Cream Shop, will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms, except where prohibited by law.

9. Release: By participating in this Contest, each Voter and by receipt of any prize by the applicable Ice Cream Shop, each Representative agrees to release and hold harmless Foursquare Labs, Inc., Home Box Office, Inc. and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, and each of their respective parent companies, subsidiaries and affiliates, and each such company’s officers, directors, employees, franchisees and agents (collectively, the “Released Parties”) 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 Contest or receipt or use or misuse of any grant.

10. General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winning Ice Cream Shop, from the eligible Votes that occur in the Contest prior to the action taken in such manner as deemed fair and appropriate by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or any website by acting in an unsportsmanlike manner, by cheating (including, without limitation, geo-cheating the location of a check-in), hacking, deception, or using other unfair practices (including the use of automated quick entry programs), or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be disruptive, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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 provision. 11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Voter, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, cellular networks, or network hardware or software; (3) unauthorized human intervention in any part of the voting or check-in process, or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or tabulation of Ice Cream Shops, check-ins or Votes, the announcement of the grants or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of any grant (including any travel/activity related thereto). Released Parties are not responsible for any technical problems, malfunctions of computer systems, cellular networks, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.

12. Disputes: Except where prohibited, each Voter and each Representative of a Ice Cream Shop, agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any grant awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Voter be permitted to obtain awards for, and each Voter hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each Voter, Representative, Ice Cream Shop, and. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each Voter, Representative, Ice Cream Shop, and. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each Voter, Representative, Ice Cream Shop, and. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations

14. Winner List: For a winner list, visit https://gameofcones.foursquare.com and https://gameofcones.foursquare.com/sf. The winner list will be posted after winner confirmation is complete.

15. How to Join Foursquare: You register for a Foursquare account at http://foursquare.com or by downloading the Foursquare® application and signing up through the application. Registration for and use of the foursquare service and other Foursquare applications are subject to Foursquare’s terms and conditions .