Twitter: Guess the Gift Official Rules

Transcription

1 Twitter: Guess the Gift Official Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PLEASE READ THESE TERMS BEFORE ENTERING THE PROMOTION. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER (OR THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY). U.S. LAW GOVERNS THIS PROMOTION. PROMOTION IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED BY LAW. AS DETAILED BELOW, 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 PROMOTION. BY ENTERING THE PROMOTION, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE PROMOTION OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE PROMOTION SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER. The Guess the Gift Promotion (the Promotion ) starts on December 10, 2018 and ends on December 14, 2018 ( Promotion Period ). The Promotion Period will consist of five (5) separate Entry Periods, as described in the table below. By entering, you understand that you are providing your information to the Sponsor and not to Twitter ENTRY PERIODS: The Promotion will consist of five (5) independent Daily Entry Periods that commence as follows: Daily Commencement of Entry Period Entry Period 1 December 10, 2018 at 11:00 am EST ( Eastern Standard Time ) 2 December 11, 2018 at 11:00 am EST 3 December 12, 2018 at 11:00 am EST 4 December 13, 2018 at 11:00 am EST 5 December 14, 2018 at 11:00 am EST The entry period for each day is hereinafter referred to as a Daily Entry Period. ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older (or the age of majority in their state of residence). Employees and franchisees of The UPS Store, Inc. ( Sponsor ), employees of The UPS Store franchise locations, Erwin Penland, LLC, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons Guess The Gift Rules_Twitter_FINAL

2 living in the same household, whether or not related, of such employees or franchisees, are not feligible to enter or win. The information you provide will be used for the purposes of Promotion administration. HOW TO ENTER: Upon the designated time for commencement of a Daily Entry Period, visit The UPS Store Twitter account feed or at and locate the Guess the Gift post for the current Daily Entry Period on the page. At the start of each Daily Entry Period, a Guess the Gift post will be posted with an image of a closed box and the first clue regarding the Mystery Gift (the Daily Post ). Throughout the remainder of that Daily Entry Period, two (2) more clues regarding the Mystery Gift will be posted on The UPS Store Twitter page in the comment section of the Daily Post. To enter, post a reply to the Daily Post guessing the correct item for the Mystery Gift currently being offered in the Daily Post. A reply that is submitted for purposes of Promotion entry is referred to in these Official Rules as a Submission. As described below, the first entrant who correctly guesses the description of a Mystery Gift will be the potential winner of that Mystery Gift, subject to verification. Each Submission must comply with all terms and conditions and technical requirements of Twitter. Submitting a Submission during a Daily Entry Period constitutes acknowledgement of and consent to these Official Rules. The description of each Mystery Gift will be generic in nature and will not include any trademarks or brand names. For example, if the Mystery Gift were a brand name baseball glove, the description of the Mystery Gift would not include the brand name or any trademarks of the manufacturer. Sponsor will determine in its discretion the description of each Mystery Gift. For example, a Mystery Gift 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 Gift is baseball glove, an entrant who guesses baseball mitt will not be considered to have correctly identified the description of the Mystery Gift 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 Gift (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 Gift is baseball glove and an entrant guesses in his or her Submission that the description of the Mystery Gift 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). An entrant will not be considered to have correctly identified the description of a Mystery Gift unless his or her comments includes the exact description of the Mystery Gift, including all words in the description, as determined by Sponsor. An entrant will not be considered to have correctly identified the description of a Mystery Gift unless his or her Submission correctly spells all words in the description of the Mystery Gift. All determinations regarding each Mystery Gift description and whether any entrant has correctly identified any Mystery Gift 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 reply was submitted, and the order in which replies 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 replies appear on an entrant s feed may appear different from the order in which Sponsor determines the replies actually have been submitted. Each time Sponsor determines that an entrant has correctly identified all words in the description of the Mystery Gift then being offered, Sponsor will via the Daily Post reveal the identity of the Mystery Gift. Guess The Gift Rules_Twitter_FINAL 2

3 Limit one (1) prize per person throughout the Promotion Period. A Twitter account is required to enter the Promotion, and can be opened for free at or by downloading the Twitter application onto your smartphone from your appropriate app store. The entrant must be the registered user of the 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. REQUIREMENTS OF ENTRIES: Submissions must contain only text in the comment. Please do not include any pictures, images, video, or other content with the Submission. Submissions that include content other than text may be disqualified. Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that: is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, addresses or street addresses; contains copyrighted materials owned by others without permission; contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any 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 account used to submit the Submission. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the address associated with the entry in question. Submission must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Submission null and void. Guess The Gift Rules_Twitter_FINAL 3

4 By submitting a Submission, entrant hereby grants permission for the Submission to be posted on Sponsor s Twitter feed or other websites, if Sponsor chooses to share. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission, outside of the initial posting of the Submission on the Daily Post. Entrants agree that they will not use the Submission for any other purpose, including, without limitation, posting the Submission to any online social networks, without the express consent of Sponsor in each instance. WINNER NOTIFICATION: Each entrant who is announced by Sponsor as having correctly identified the description of a Mystery Gift will be the potential winner of that Mystery Gift. The odds of being selected as the winner of a Mystery Gift will depend on the number and quality of eligible Submissions received during the period of time during which the Mystery Gift was then being offered. Judges and Sponsor s decisions are final and binding on all matters relating to this Promotion. Potential winners will be notified via Twitter comment and/or direct message with instructions on how to redeem the prize and will be asked to respond to theupsstore@epandcompany.com and provide their full name, telephone number (including area code), date of birth, mail and/or address and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) business days of date appearing on prize notification. A winning Submission may not be declared until verification of eligibility of the entrant as well as verification of compliance with these Official Rules. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor s sole discretion, the prize may be awarded to a runner-up. Sponsor assumes no responsibility for undeliverable prize notification resulting from any form of active or passive filtering by any social media platform or entrant s account settings or for insufficient space in an entrant s user account to receive notifications. PRIZES (5): Total of five (5) Mystery Gifts are available (one (1) for each Daily Entry Period). Each prize consists of one or more items of merchandise selected by Sponsor in its discretion that will not be disclosed until the conclusion of the applicable Daily Entry Period (each, a Mystery Gift ). The approximate retail value ( ARV ) of each Mystery Gift ranges from $18.94-$ The total ARV of all Mystery Gifts is $1, Prizes are awarded as is with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor s sole discretion. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, The UPS Store franchisees, Erwin Penland, LLC, Twitter, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, Released Parties ) from any and all injuries, liability, Guess The Gift Rules_Twitter_FINAL 4

5 losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of any awarded prize, including any travel/activity related thereto; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion. LICENSE/USE OF ENTRIES: By submitting a Submission, and to the extent allowed by law, you grant Sponsor a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, store, modify, copy, transmit, publish, adapt, exhibit and/or otherwise use or reuse your Submission, name, Twitter handle, photo, comment and/or post and biographical material including, but not limited to, all materials submitted in connection with the Promotion in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Submission; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing or judging of Submissions, the announcement of the prizes, the incorrect uploading of the comment or in any Promotion -related materials. 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 Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of Twitter or any website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Promotion be, in Sponsor s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Submissions received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF Guess The Gift Rules_Twitter_FINAL 5

6 CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 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 PROMOTION, 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, 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 Promotion 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 Promotion 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 Promotion, 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. Guess The Gift Rules_Twitter_FINAL 6

7 Use of Data: Use of data about entrants collected by or on behalf of Sponsor is limited to administration of the Promotion set forth in these Official Rules. Please review the Sponsor s privacy statement at: By participating in the Promotion, entrants agree to the collection and use of information as set forth in these Official Rules and in the Sponsor s privacy statement, and acknowledge that they have read and accepted the Sponsor s privacy statement. Sponsor may engage certain third party companies to perform services in connection with the administration of this Promotion and information provided by entrants may be collected and used by those third parties for purposes of administration of the Promotion and the fulfillment and verification of prize awards. WINNERS LIST: For a list of winners, which will be available (1) week after the conclusion of the Promotion, send a self-addressed, stamped, envelope by January 30, 2019 to: Gift Winners, Erwin Penland, LLC, 110 E. Court Street, Suite 400, Greenville, SC SPONSOR: The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA Guess The Gift Rules_Twitter_FINAL 7