No Purchase Necessary to enter or win. A purchase will not (and cannot) increase your chances of winning.
SPONSOR: Upside Commerce, Inc. (“Sponsor”)
1. ELIGIBILITY: The myUpside experience (“Experience”) is open only to those legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Current employees, officers, directors and agents of Sponsor and its related companies and members of their immediate families (defined as spouse, parents, siblings and children) and persons residing at the same address are not eligible to win. Void where prohibited.
2. HOW TO ENTER: The entry period for the Experience begins at 12:00 AM Central Time (CT) on June 12, 2018 and continues through 11:59 p.m. CT on July 24, 2018 (the “Entry Period”). To enter, enter your name and email address (wireless data rates may apply) to register on the official Facebook application. A person who successfully registers during the Entry Period in compliance with all terms in these Official Rules shall be considered an “Entrant.” Limit one (1) entry per person.
3. SELECTION OF POTENTIAL WINNERS: On or about July 25th, 2018, Sponsor or its authorized agent shall randomly select a potential winner from among all eligible entries received during the Entry Period. The potential winner will be notified by e-mail or through the mobile app, at which time he/she will be required to complete and return certain eligibility and release documentation as explained below. Sponsor shall have no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason. Sponsor reserves the right to suspend or cancel the Experience if, in its sole discretion, it does not receive a sufficient number of eligible entries.
4. PRIZES: One (1) winner will receive two VIP passes for the August 4th date of the 2018 Lollapalooza event in Chicago. Approximate Retail Value of the Prize is up to USD $1250. Prize may not be assigned, transferred, or changed, except at the sole discretion of Sponsor. No cash equivalent prize will be awarded. The awarding of any Prize is contingent upon full compliance with these Official Rules and subject to Sponsor’s verification of Entrant. Entrants agree to be bound by these Official Rules and agree that if any Winner fails to provide proof of identity, refuses to provide required affidavit, refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated the Official Rules or otherwise does not meet eligibility criteria, Prize will be forfeited and Sponsor may choose another Entrant as a possible Winner. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Experience and acceptance, possession and use of Prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Experience. Taxes on prizes are sole responsibility of Winners. Winners will be issued 1099 tax forms and the Prize will be reported to the US Internal Revenue Service as miscellaneous income.
6. PUBLICITY: Except where prohibited, by accepting a Prize, the Winners agree that Sponsor may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness in any and all media, worldwide, for the purpose of advertising and promoting the Website, the Sponsor, or any other promotion, contest or Experience sponsored by Sponsor.
8. DISPUTE RESOLUTION: Except where prohibited, by participating, Entrant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and their agents shall be governed by and construed exclusively in accordance with the laws of the state of Washington without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Experience, or awarding of the prizes, shall be filed only in the state or federal courts located in the state of Washington and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Experience, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Experience, or awarding of the Prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Experience but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each Entrant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any act or omission by Entrant in connection with the Experience, including, without limitation, use of a prize.
10. FURTHER DOCUMENTATION: Except where prohibited, potential Winners (or their parents or legal guardians if they are minors at the time of application) will be required to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within five (5) days of attempted notification. If these materials are not returned within the stated time or notification to a potential Winner is returned as undeliverable, Sponsor may in its sole discretion choose another Entrant as a possible Winner.
12. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Experience, each Entrant acknowledges and agrees that the Sponsor, its related companies, affiliates, and each such company’s respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an Entrant’s ability to participate in the Experience; or (ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Experience and/or the use of any prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Entrant’s rights of publicity or privacy, or the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Sponsor assumes no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the Website or participating in the Experience, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This Experience is subject to all U. S. federal, state and local laws and regulations. Void where prohibited.
13. SPONSOR’S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event Sponsor is prevented from continuing with the Experience by any event beyond its reasonable control, then Sponsor shall have the right in its sole discretion to modify, suspend, or terminate the Experience.
14. GENERAL PROVISIONS. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the application process or the operation of the Experience or the Website, to be acting in violation of these Official Rules, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If an entry is confirmed by Sponsor to have been erroneously deleted, lost or destroyed, the entrant’s sole remedy shall be another Application, if time permits. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.
15. LIST OF WINNERS: The names of the Winners of this Experience will be posted on the Sponsor Website.
16. SPONSOR: The Experience is sponsored by Upside Commerce, Inc.
Upside Commerce, Inc.
1201 Western Ave. Suite 400
Seattle, WA 98121