Five Days of Giftmas 2018 Sweepstakes

Transcription

1 Five Days of Giftmas 2018 Sweepstakes OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE SWEEPSTAKES OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE SWEEPSTAKES SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES. 1. ELIGIBILITY: The Five Days of Giftmas 2018 Sweepstakes (the Sweepstakes ) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee or franchisee of The UPS Store, Inc. ( Sponsor ), an employee of The UPS Store franchise locations, Erwin Penland, LLC, or any of their respective parents, subsidiaries, affiliates, or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee or franchisee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law. 2. HOW TO ENTER: The Sweepstakes consists of five (5) independent sweepstakes (each, a Daily Sweepstakes ). The entry period for each Daily Sweepstakes is as follows: Daily Sweepstakes Commencement of Entry Period Conclusion of Entry Period First Daily Sweepstakes December 10, 2018 at 2:00 p.m. Eastern Time (ET) 2:40 p.m. ET Second Daily Sweepstakes December 11, 2018 at 2:00 p.m. ET 2:40 p.m. ET Third Daily Sweepstakes December 12, 2018 at 2:00 p.m. ET 2:40 p.m. ET Fourth Daily Sweepstakes December 13, 2018 at 2:00 p.m. ET 2:40 p.m. ET Fifth Daily Sweepstakes December 14, 2018 at 2:00 p.m. ET 2:40 p.m. ET The entry period for each Daily Sweepstakes is hereinafter referred to as a Daily Entry Period. To enter a Daily Sweepstakes, entrants must during the Daily Entry Period for that Daily Sweepstakes post a comment on the Daily Live Video (as defined in Section 3 (Daily Live Videos; Identifying Mystery Prizes)) for that Daily Sweepstakes that includes the entrant s guess as to the correct description of the Mystery Prize currently being offered during that Daily Live Video. See Section 3 (Daily Live Videos; Identifying Mystery Prizes) below for general terms and conditions relating to each Daily Live Video and identification Five Days of Giftmas Final_Rules 1

2 of Mystery Prizes. As described below, the first entrant who correctly guesses the description of a Mystery Prize will be the potential winner of that Mystery Prize, subject to verification. Each Submission must comply with all terms and conditions and technical requirements of Facebook, including without limitation the Statement of Rights and Responsibilities and Community Standards. A Facebook comment that is submitted for purposes of Sweepstakes entry is referred to in these Official Rules as a Submission. Submitting a Submission during a Daily Entry Period constitutes acknowledgement of and consent to these Official Rules. Each Submission must not contain any material that is unlawful, defamatory, threatening, indecent, violent, obscene or offensive, or that disparages any person, company, brand or organization, or that violates or infringes upon any copyright, trademark right or other right of any person or entity. With respect to each Daily Sweepstakes, all Submissions for that Daily Sweepstakes must be completed and received by Sponsor prior to the conclusion of the Daily Entry Period for that Daily Sweepstakes. A Facebook account is required to enter the Sweepstakes, and can be opened for free at or by downloading the Facebook application onto your smartphone from your appropriate app store. The entrant must be the registered user of the Facebook account used to submit the Submission. Normal time rates and data charges, if any, charged by the entrant s Internet or mobile service provider will apply. All Submissions are subject to verification at any time. Proof of submission does not constitute proof of entry. No purchase or payment of any kind is necessary to enter or win any Daily Sweepstakes. 3. DAILY LIVE VIDEOS; IDENTIFYING MYSTERY PRIZES. For the duration of the Daily Entry Period for each Daily Sweepstakes, Sponsor will share one Facebook Live video (each, a Daily Live Video ). Each Daily Live Video will be accessible on Sponsor Facebook Page ( ( Sponsor s Facebook Page ) and, for Facebook users who have liked Sponsor s Facebook Page, on such users respective Facebook News Feeds. Each Daily Live Video will depict a word puzzle containing blanks designed to provide clues as to the correct description of the Mystery Prize, with each blank representing a word in the description of the Mystery Prize. For example, a Daily Live Video would depict the word puzzle if the correct description of the Mystery Prize then being offered were baseball glove. The description of each Mystery Prize will be generic in nature and will not include any trademarks or brand names. For example, if the Mystery Prize were a brand name baseball glove, the description of the Mystery Prize would not include the brand name or any trademarks of the manufacturer. Sponsor will determine in its discretion the description of each Mystery Prize. For example, a Mystery Prize consisting of a baseball glove could also be characterized as a baseball mitt, but Sponsor will have the right in its discretion to determine the correct description, and if Sponsor has determined that the correct description of such Mystery Prize is baseball glove, an entrant who guesses baseball mitt will not be considered to have correctly identified the description of the Mystery Prize unless Sponsor in its discretion determines otherwise. If an entrant s Submission correctly identifies one or more, but fewer than all, of the words in the description for a Mystery Prize (as determined by Sponsor in its discretion), Sponsor will have the right to amend the word puzzle to include the correctly guessed word(s) (for example, if the correct description of the Mystery Prize is baseball glove and an entrant guesses in his or her Submission that the description of the Mystery Prize is baseball bat or baseball mitt, Sponsor will have the right amend the word puzzle to be baseball, after which other entrants will be able to submit Submissions that include the correctly identified word(s). Sponsor will have the right in its discretion to provide additional clues regarding the correct description of the Mystery Prize then being offered (for example, by using signs, images and other visual and auditory clues in the Daily Live Video). An entrant will not be considered to have correctly identified the description of a Mystery Prize unless his or her Submission includes the exact description of the Mystery Prize, including all words in the description, as determined by Sponsor. For example, if the correct description of the Mystery Prize is baseball glove and Sponsor has amended the Five Days of Giftmas Final_Rules 2

3 word puzzle to be baseball as described above, an entrant will not be considered to have correctly identified the description of the Mystery Prize unless his or her Submission includes the entire phrase baseball glove. An entrant will not be considered to have correctly identified the description of a Mystery Prize unless his or her Submission correctly spells all words in the description of the Mystery Prize. The first entrant who correctly identifies a Mystery Prize description, as determined by Sponsor, will be the potential winner of that Mystery Prize, subject to verification. All determinations regarding each Mystery Prize description and whether any entrant has correctly identified any Mystery Prize description will be made by Sponsor in its discretion, and each entrant agrees to accept and comply with such determinations. The time at which each entrant s comment was submitted, and the order in which comments have been submitted, will be determined by Sponsor in its discretion based on Sponsor s computer and/or time stamp. Each entrant acknowledges that due to variations in Internet access speed and other factors, the order in which comments appear on an entrant s feed may appear different from the order in which Sponsor determines the comments actually have been submitted. Each time Sponsor determines that an entrant has correctly identified all words in the description of the Mystery Prize then being offered, Sponsor will via the Daily Live Video reveal the identity of the Mystery Prize. Sponsor will then introduce a new Mystery Prize and continue the foregoing process until all Mystery Prizes offered in connection with that Daily Sweepstakes have been correctly identified or the expiration of the entry period for that Daily Sweepstakes. 4. WINNER SELECTION AND VERIFICATION: Each entrant who is announced by Sponsor as having correctly identified the description of a Mystery Prize as per the terms of Section 3 (Daily Live Videos; Identifying Mystery Prizes) above will be the potential winner of that Mystery Prize. The odds of being selected as the winner of a Mystery Prize will depend on the number and quality of eligible Submissions received during the period of time during which the Mystery Prize was then being offered in connection with a Daily Sweepstakes. Sponsor will notify each potential winner via a private message sent to his or her Facebook account and the potential winner must respond to Sponsor s initial notification attempt within 24 hours with (i) his or her legal name, address, phone number, mailing address and such other contact information as Sponsor may require, and (ii) written confirmation from the potential winner of his or her eligibility to participate in the Sweepstakes and receive a Mystery Prize. Sponsor will also have the right to require that the potential winner provide proof of the potential winner s eligibility (for example, by providing government-issued photo identification in a form acceptable to Sponsor) and/or written confirmation of the rights granted, the obligations undertaken and the releases made by the potential winner in these Official Rules. If a potential winner cannot be reached or does not respond to Sponsor s initial notification attempt with all required information within 24 hours, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the Mystery Prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor s discretion, be selected as specified in Section 7 (Second Chance Drawing) below. 5. MYSTERY PRIZES: With respect to each Daily Sweepstakes, five prizes will be offered (for a total of 25 prizes over the course of the entire Sweepstakes). Each prize consists of one or more items of merchandise selected by Sponsor in its discretion that will not be disclosed until an entrant has correctly identified the description of such prize as per the terms of Section 3 (Daily Live Videos; Identifying Mystery Prizes) above (each, a Mystery Prize ). The approximate retail value ( ARV ) of each Mystery Prize ranges from $15.00 to $ The aggregate ARV of all Mystery Prizes is $4, GENERAL PRIZE TERMS AND CONDITIONS: All details pertaining to each Mystery Prize that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. Each Mystery Prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to Five Days of Giftmas Final_Rules 3

4 receive any Mystery Prize or any component thereof is permitted, except in the discretion of Sponsor, which has the right to substitute any Mystery Prize or component thereof with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. Each Mystery Prize consists only of the item(s) of merchandise selected by Sponsor in its discretion. All expenses or costs associated with the acceptance or use of any Mystery Prize or any component thereof are the responsibility of the winner. Each Mystery Prize is awarded as is and without any warranty, except as required by law. In no event will more than the number of Mystery Prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of each Mystery Prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law. There is a limit of one prize per person (i.e., if a person is the potential winner of more than one prize in any Daily Sweepstakes, or of prizes in more than one Daily Sweepstakes, that person will be eligible to receive only the first prize for which he or she was determined to be a winner). 7. SECOND CHANCE DRAWING. If no entrant correctly identifies the description of a Mystery Prize prior to the conclusion of the Daily Entry Period during which such Mystery Prize is offered, or if Sponsor is unable to award the Mystery Prize to a potential winner due to his or her ineligibility or for any other reason, Sponsor will communicate via Sponsor s Facebook Page that Sponsor or an agent or contractor designated by Sponsor will be conducting a second chance drawing to award such Mystery Prize(s), the anticipated date of the second chance drawing, the number of Mystery Prizes expected to be offered in connection with the second chance drawing and any additional terms and conditions relating to the second chance drawing. The second chance drawing will be open only to people who satisfy the eligibility requirements set forth in Section 1 (Eligibility). To enter for the second chance drawing, each entrant must legibly print by hand his or her name, complete street address, address and phone number on a plain 3 X 5 inch card, and mail the card in envelope with postage to Five Days of Giftmas Sweepstakes, c/o Erwin Penland, 110 E. Court Street, Suite 400, Greenville, SC Only one entry per outside envelope. Each entry to the second chance drawing must be mailed separately and postmarked by no later than a date specified by Sponsor on Sponsor s Facebook Page. There is a limit of five (5) entries to the second chance drawing per person. No photocopied or mechanically reproduced entries will be accepted. The potential winner(s) of the second chance drawing will be selected in a random drawing conducted by Sponsor or its agent from among all eligible entries received during the relevant entry period for the second chance drawing. Odds of winning the second chance drawing depend upon the number of eligible entries received and the number of Mystery Prizes remaining unawarded after the conclusion of each Daily Sweepstakes. Each potential winner in the second chance drawing will be notified by (sent to the address provided by the entrant when entering), or using other contact information provided by the potential winner, in Sponsor s discretion, and the potential winner must respond to Sponsor s initial notification attempt within 72 hours. Each potential winner in the second chance drawing is subject to verification of eligibility and will be subject to and must comply with all of the terms, conditions and requirements set forth in Sections 1 (Eligibility), 6 (General Prize Terms and Conditions), 8-11 (Grant of Rights, Release and Limitation of Liability, General Rules and Disputes) and 13 (Sponsor) and the terms and conditions in Section 4 (Winner Selection and Verification) pertaining to winner verification. 8. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the Licensees ) the right to use the entrant s name, likeness, voice, biographical information and/or statements attributed to the entrant ( Personality Rights ), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation Five Days of Giftmas Final_Rules 4

5 advertising and promotion, and for announcing any entrant who correctly identifies the description of any Mystery Prize), without further notice or compensation, unless prohibited by law. In addition, by submitting a Submission, each entrant irrevocably grants to the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. 9. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of any Mystery Prize or any component thereof, The UPS Store franchisees, Facebook and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the Released Parties ) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of Facebook, the provision, acceptance or use of any Mystery Prize or any component thereof or any use of the entrant s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of Facebook or the provision, acceptance or use of any Mystery Prize or any component thereof. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any Mystery Prize or entrant who correctly identifies the description of any Mystery Prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete Submissions, incorrect or inaccurate capture of, damage to, or loss of Submissions or entry information, or any other human, mechanical or technical error of any kind relating to the operation of Facebook, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of Submissions or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules. 10. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without Five Days of Giftmas Final_Rules 5

6 limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of Facebook or the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on Sponsor s Facebook Page and a random drawing will be conducted to award all Mystery Prizes not yet awarded, in accordance with the procedures set forth in Section 7 (Second Chance Drawing). Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of Facebook or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit Submissions is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the Facebook account used to submit the Submission. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, governmentissued photo identification) that he or she is the authorized account holder of the address associated with the entry in question. All federal, state and local laws and regulations apply. All Submissions become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. 11. DISPUTES: YOU AND SPONSOR AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR STATE COURTS OF LIMITED JURISDICTION (SUCH AS SMALL CLAIMS, JUSTICE OF THE PEACE, MAGISTRATE COURT, AND SIMILAR COURTS WITH MONETARY LIMITS ON THEIR JURISDICTIONS OVER CIVIL DISPUTES), ANY CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THIS SWEEPSTAKES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASS-WIDE NOR COLLECTIVE) BINDING ARBITRATION. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an award. Arbitration provides for more limited discovery than in court and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor these Official Rules. Any arbitration will take place in the county where you reside and will be determined by a single arbitrator. The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules (the Rules ), and judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at or by calling the AAA at The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, Five Days of Giftmas Final_Rules 6

7 you must serve Sponsor s registered agent for service of process, Corporation Service Company, which has locations in every state. Information also can be found on the website of your local Secretary of State. Any filing fee or administrative fee required of you by the AAA Rules shall be paid by you to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous complaints, Sponsor will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the AAA. Reasonable attorney s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law. You and Sponsor agree that this Sweepstakes affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision). This agreement to arbitrate shall survive termination of the Sweepstakes or these Official Rules. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail. 12. WINNERS NAMES AND RULES REQUESTS: For the names of the winners of each Daily Sweepstakes, which will be available two (2) weeks after the conclusion of the fifth Daily Sweepstakes, or a copy of these Official Rules, send a self-addressed, stamped envelope to Five Days of Giftmas Sweepstakes, c/o Erwin Penland LLC, 110 E. Court Street, Suite 400, Greenville, SC Requests for winners names must be received by Sponsor within six (6) months after the conclusion of the fifth Daily Entry Period. 13. SPONSOR: The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA Five Days of Giftmas Final_Rules 7