Check & Chat

Official Rules
VOTER REGISTRATION IS NOT REQUIRED TO EARN ENTRY INTO THIS PROMOTION. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Each potential winner may be required to respond to a notification from Sponsor (defined below) and complete a prize-acceptance process – including agreeing to a license and consent – within six hours (6) hours of Sponsor sending the notification, all as more fully detailed below. By entering this Promotion, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class-action claims, and waiver of the right to trial by jury.
PROMOTION OVERVIEW
The Up to Us Check & Chat Promotion (“Promotion”) is sponsored by Up to Us, Inc. (“Sponsor”). The Promotion begins at 12:00:00 a.m. Eastern Time (“ET”) on September 22, 2020, and ends at 2:59:59 a.m. ET on October 1, 2020 (the “Promotion Period”). The Promotion consists of a collection of individual sweepstakes (each a “Sweepstakes”). Sponsor has partnered with a group of celebrity influencers (each an “Influencer”) to raise awareness of voting topics. Each of the Sweepstakes that comprise this Promotion is specific to a single Influencer. At or after the beginning of the Promotion Period, each Influencer will post from one or more of his/her/their social media accounts encouraging viewers to check their voter registration status and providing a URL that directs to a page on Outvote Inc’s (“Outvote”) online service that is unique to that Influencer (“Influencer Entry Page”). Entry into each Sweepstakes begins when the Influencer for that Sweepstakes first posts the link to his/her/their Influencer Entry Page and ends at the end of the Promotion Period. (This period is referred to as the “Sweepstakes Period” for each Sweepstakes.) Eligible participants (see “Eligibility” section below) may enter the Sweepstakes associated with a particular Influencer by visiting that Influencer’s Influencer Entry Page and checking their voter registration status or completing another Entry Activity (defined below) during the applicable Sweepstakes Period. You do not need to actually register to vote or assist in Sponsor’s Get Out The Vote (GOTV) efforts to enter any Sweepstakes. Eligible participants must simply follow the rules to earn a standard entry, as set forth below. Entry into one Sweepstakes does not constitute entry into any other Sweepstakes within this Promotion (or any other Sponsor sweepstakes or promotion). You may enter more than one Sweepstakes in this Promotion, but must do so by completing an Entry Action during the applicable Sweepstakes Period through the particular Influencer Entry Page for each Sweepstakes that you wish to enter. However, you may win a maximum of one (1) prize in this entire Promotion and may not win a prize in more than one (1) Sweepstakes.
PLEASE NOTE: You may only enter a Sweepstakes through the Influencer Entry Page for that particular Sweepstakes. If you visit Outvote’s service through another page/site/app other than an Influencer Entry Page - including other Sponsor pages on the Outvote service – you may be able to complete actions similar to the Entry Action(s) (defined below) - for example, checking your voter registration status. However, doing so will not result in earning an entry into any Sweepstakes in this Promotion. For any Entry Action completed during the Promotion Period through the root Influencer Entry Page www.outvote.io/campaigns/up-to-us/check_registration (with no unique referrer tracking parameters/code), the “Influencer” for the applicable Sweepstakes will be a representative of Sponsor. Following the close of the Promotion Period, one (1) winner for each Sweepstakes will be selected in a random drawing from among all eligible entries received for that particular Sweepstakes, as more fully described below.
ELIGIBILITY
This Promotion is open only to those age eighteen (18) and older who are legal residents of any one (1) of the fifty (50) United States or the District of Columbia (collectively, the “Territory”). This Promotion is void outside of the Territory and where prohibited by law. Corporations and other entities are not eligible to enter or win a prize in this Promotion. Employees, officers, directors, members, managers, representatives, and agents of Sponsor, Outvote Inc., any Influencer, their respective advertising or promotions agencies, and any other party participating in the design, promotion, marketing, administration or fulfillment of this Promotion or any Sweepstakes, as well as each of their parent corporations, subsidiaries, affiliates or loan-out companies (the "Released Parties"), and their immediate families (defined as spouses, partners, parents, legal guardians, siblings, children, and grandparents, regardless of where they reside) and members of the same household (whether legally related or not), are ineligible to participate or win any prize in this Promotion. (If you meet the eligibility requirements, but are under the age of majority in your jurisdiction of residence (a “Minor”), your parent or legal guardian must give you permission to participate in this Promotion and must agree to these Official Rules on your behalf.)
HOW TO ENTER
As detailed below, eligible participants may earn a standard entry into any Sweepstakes in this Promotion in one of three ways. Eligible participants who’ve earned a standard entry may also earn bonus entries into the same Sweepstakes.
Standard Entry
During the Sweepstakes Period, the Influencer Entry Page for a particular Sweepstakes will present visitors with three options: one for previous voters to check their registration status, one for new voters to confirm that they are not already registered to vote and get information on registering to vote in their locality, and a third option for those ineligible to vote (or others) who would like to encourage friends, family, and others to check their own voter registration status. An eligible participant may earn one (1) entry into the applicable Sweepstakes by selecting one of these three options and following the on-screen links and instructions to complete the selected action, including providing the entrant’s first and last name, email address, phone number, and any other required information. Completing any of these three actions on an Influencer Entry Page during the applicable Sweepstakes Period is referred to in these rules as an “Entry Action.” By completing any Entry Action, an eligible participant will earn one (1) entry into the Sweepstakes associated with the Influencer whose Influencer Entry Page the participant utilized.
You do not need to actually register to vote or assist in Sponsor’s Get Out The Vote (GOTV) efforts in order to complete an Entry Action and earn an entry into any Sweepstakes. You need only complete the applicable Entry Action as described on the Influencer Entry Page. You will see a “Step X of Y” progress tracker at the top of the page of the Influencer Entry Page as you proceed through an Entry Action. You have completed the Entry Action when you reach the final step as indicated on the page. LIMIT ONE (1) STANDARD ENTRY PER PERSON AND PER EMAIL ADDRESS IN EACH SWEEPSTAKES. Completing more than one (1) Entry Action and/or completing the same Entry Action more than once on a single Influencer Entry Page will not earn you additional entries in the applicable Sweepstakes. (As described above, though, you may earn a standard entry into more than one Sweepstakes in this Promotion by completing an Entry Action on more than one Influencer Entry Page during the applicable Sweepstakes Period.) Sponsor may disqualify any person attempting to earn entries in excess of the above limitation by any methods or means, including, without limitation, use of multiple or fraudulent sets of contact information in order to repeatedly complete an Entry Action.
Bonus Entry
After completing one of the Entry Actions during the applicable Sweepstakes Period, entrants will have the option to send friends and family members a unique URL (“Referral Link”) that directs them to the applicable Influencer Entry Page. If you share your Referral Link with others, you must clearly indicate in your communications with them that you may receive bonus entries in the applicable Sweepstakes based on their use of the Referral Link. Sponsor will track each person who arrives at the applicable Influencer Entry Page through an eligible entrant’s Referral Link. For every three (3) individuals who arrive at the Influencer Entry Page through an entrant’s Referral Link and who complete an Entry Action during the Sweepstakes Period, the entrant will receive one (1) bonus entry in the applicable Sweepstakes. (You will only receive a bonus entry after every third person who completes an Entry Action through your Referral Link. If only one or two people complete an Entry Action through your Referral Link, you will not receive a bonus entry. Similarly, you will not receive a bonus entry for the fourth and fifth people who complete an Entry Action through your Referral Link.) LIMIT FIVE HUNDRED (500) BONUS ENTRIES PER PERSON AND PER EMAIL ADDRESS IN EACH SWEEPSTAKES. Entrants are prohibited from offering inducement in connection with any Entry Action or obtaining bonus entries by any fraudulent, deceptive, or inappropriate means, as determined by the Sponsor in its sole discretion, including, without limitation, by offering prizes or other incentives or inducements in exchange for others completing Entry Actions through the entrant’s Referral Link, by using multiple or false names or contact information in order to complete an Entry Action more than once, or by using any macro, script, bot, or other automated or artificial means to complete an Entry Action. Using any of these techniques or otherwise acting in any manner with the intent or effect of impairing the integrity of the entry process is prohibited. Entrants are similarly prohibited from encouraging others to do any of the above. Without limiting any other provision of these Official Rules, if the bonus entry process has been compromised or is incapable of operating as planned for any reason (including, without limitation, Sponsor’s determination or suspicion of fraud or any other action that Sponsor determines has impaired or undermined the administration, security, fairness, or proper conduct of the bonus-entry process), Sponsor reserves the right to disqualify all suspect bonus entries or, if Sponsor cannot reasonably identify compromised bonus entries, to disqualify all bonus entries and proceed with the applicable Sweepstakes considering only standard entries.
The following applies to all entries, both standard and bonus:
Entry Actions must be completed during the applicable Sweepstakes Period through an Influencer Entry Page and in strict accordance with the instructions and restrictions stated on that Influencer Entry Page and in these Official Rules in order to qualify (as a standard entry or as credit toward a bonus entry) in the applicable Sweepstakes. Sponsor’s database clock will be the official timekeeper for this Promotion. Only Entry Actions that are recorded during the applicable Sweepstakes Period on the server(s) operating the Influencer Entry Page will be considered. Proof of submitting (such as, without limitation, a printed, saved, or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of an entry for purposes of this Promotion or any Sweepstakes. Entries may not be acknowledged. Entry Actions that are incomplete, garbled, late, unintelligible, fraudulent, forged, or generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their Entry Action, or abide by these Official Rules will be disqualified. In the event of a dispute about the identity of an entrant, the entry will be declared made by the individual identified in the Entry Action submission form underlying the applicable entry, but only if that person meets all other eligibility criteria for this Promotion. With respect to any winning entry, the potential winner may be required to provide proof that he or she is the named individual associated with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Entries may not be made jointly or by any group and may only be made by an individual. Except for Entry Actions completed by others through an entrant’s Referral Link in accordance with the bonus-entry mechanism described above, entries submitted on entrant’s behalf by any other individual, by you on behalf of another, or by any entity, and/or entries originating at any website other than through an Influencer Entry Page (including, without limitation, any commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified. As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations and rules – including, without limitation, public disclosure of such information on a winner’s list. Any entrant determined or reasonably suspected to be engaging in any prohibited action or benefitting from the prohibited actions of others may, in Sponsor’s sole discretion, be disqualified and any prize forfeited. Sponsor reserves the right to restrict or void purported Entry Action(s) from any device, account, IP address, or other identifiable source or from any participant if such Entry Action is determined or suspected to be fraudulent or otherwise in violation of these Official Rules, as determined by Sponsor in its sole discretion.
SWEEPSTAKES DRAWINGS, ODDS OF WINNING, AND NOTIFICATION
The odds of winning a prize in any Sweepstakes depend on the number of eligible entries received for that Sweepstakes. Limit one (1) prize per person in the entire Promotion. You may not win a prize in more than one (1) Sweepstakes in this Promotion. Following the close of the Promotion Period, one (1) potential prize winner for each Sweepstakes will be selected in a random drawing by Sponsor’s designated representative from among all eligible entries received for the applicable Sweepstakes. Each drawing will take place within approximately five (5) business days after the end of the Promotion Period. Sponsor will attempt to notify the potential prize winner by telephone or email (as selected in Sponsor’s sole discretion) within approximately five (5) business days following the random drawing.
Each potential winner may be required to respond to a notification from Sponsor or its representative in accordance with Sponsor’s instructions and within six (6) hours of the time at which the notification is sent to the potential winner or such winner may be disqualified and an alternate winner selected.
As part of his/her response to Sponsor’s notification, any potential winner (and the winner’s parent or legal guardian, if such winner is a Minor) may also be required to agree to and return a Liability/Publicity Release (unless prohibited by law), consent to recording, or other prize-acceptance documentation (collectively, the “Prize Winner Documents”) in the form provided by Sponsor without revision, or prize may be forfeited and an alternate winner may be selected. Without limitation, the Prize Winner Documents may require potential winner to affirm the publicity waiver granted by him or her pursuant to these Official Rules (see the “General” section below), to consent to the recording of any interaction between potential winner and an Influencer received as part of the prize, and to license to Sponsor the right to re-use recordings, images, or transcripts of potential winner’s interactions with Influencer for its own advertising and marketing purposes. Prize Winner Documents may also require the potential winner (or his/her parent or legal guardian if winner is a Minor) to provide a copy of his/her government-issued identification or number therefrom. If any prize, prize notification, or other Promotion-related communication is rejected or returned as undeliverable or if the selected winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify such potential winner (including, without limitation, by refusing to execute the Prize Winner Documents for any reason), the selected winner may be disqualified and an alternate winner may be selected (in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. Prizes, if legitimately claimed, will be awarded (but no more than the stated prize will be awarded in each Sweepstakes). Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any prize for any reason.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
In each Sweepstakes in this Promotion, one (1) prize winner will, subject to verification, receive a prize consisting solely of the opportunity to either (a) receive a social media direct message from or (b) participate in a brief video or audio chat with the Influencer associated with the Sweepstakes, all as determined by Sponsor and the applicable Influencer in their sole discretion. No prize in this Promotion has any retail value (ARV: $0). Number of direct messages sent and/or duration of the audio or video chat will be determined by each Influencer in his/her/their sole discretion. The platform used for the direct message (e.g., Instagram, TikTok) or audio/video chat (e.g., Google Meet, Zoom) will be selected by Sponsor and the Influencer, provided that the prize will be delivered through a platform that does not require direct payment by the winner to use for purposes of receiving the prize. Winner may, however, be required to create an account with the applicable platform and agree to any terms and conditions imposed on platform users by the applicable third-party operator. Sponsor and Influencer may modify the form and platform of the prize at any time and for any reason, including, without limitation, scheduling conflicts or other unavailability of the Influencer. (Without limiting the generality of the foregoing, this means that a prize may ultimately be delivered as a direct message, even if Sponsor or Influencer may have initially indicated an intention for that prize to be awarded as an audio or video chat.) No Released Party makes any representation regarding which form a particular prize will take (direct message or live chat) and no Released Party will be liable to any winner for winner dissatisfaction with the form, format, content, or duration of any prize message or chat. For prizes that are awarded as a direct message, you may be required to follow Influencer’s account on the designated social media platform in order for Influencer to be able to send the prize message – or may need to affirmatively accept the message – due to the way the applicable social media service operates. If Influencer attempts to fulfill the prize via direct message and is unable to do so because a potential winner is not then a follower of Influencer’s account, that potential winner may be disqualified and the prize forfeited, in which case no Released Party will have any liability or obligation to the disqualified potential winner. Any prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and all other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of a prize will be the sole responsibility of winner. The Released Parties are not responsible for and no winner will receive the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. Winner may be issued tax reporting documentation for the actual value of his/her prize. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said prize. Sponsor will not replace any deleted, lost, or corrupted prize or prize component, or any prize component that is undeliverable or does not reach winner because of an incorrect or changed username/account handle or contact information. If Sponsor determines at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right to disqualify that person and select an alternate winner, even if the disqualified winner or potential winner’s name may have been shown or announced. If winner does not accept the entire prize, the unaccepted prize (or part of the prize) will be forfeited and Sponsor will have no further obligation with respect to that prize or any portion of that prize. Sponsor will have no liability for a potential winner’s failure or inability to accept a prize for any reason, including, without limitation, potential winner’s inability to make him- or herself available for a prize chat at a time compatible with Influencer’s schedule or inability of a potential winner to receive or access a prize awarded by direct message. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Sponsor reserves the right to substitute the prize or any portion thereof with another prize or prize component of equal or greater value for any reason, including unavailability of the applicable Influencer to deliver the stated prize.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, each entrant agrees to release, discharge, hold harmless and indemnify each of the Released Parties from and against any claims, damages, disability, and costs of arbitration/litigation and settlement, as well as any liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, misuse or awarding of any prize, while preparing for, participating in and/or traveling to or from any prize- or Promotion-related activity, including, without limitation, any injury, illness, damage, death, loss, or accident to or of person or property. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Released Parties’ liability for personal injury or tangible property damage caused by the Released Parties, or for the Released Parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct. To the fullest extent permitted by applicable law, each winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Each entrant understands and agrees that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads: “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.”
ADDITIONAL DISCLAIMERS
Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes or Promotion activities or Released Parties’ operations or activities are affected by COVID-19 or any other cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, any action(s), regulation(s), order(s), guidance, request(s), or recommendation(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), guidance, request(s), or recommendation(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), civil disturbance, insurrection, riot, fire, flood, pandemic/epidemic (or similar public-health crises), explosion, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any other cause, whether or not specifically mentioned above. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: entries that are submitted by illegitimate means (including any macro, bot, script, or other automated mechanism) or entries in excess of the stated limits; lost, late, incomplete, misdirected, stolen, fraudulent, garbled, unintelligible, or illegible entries, text or social-media messages, email, mail, or Promotion-related correspondence or materials or postage-due mail; changes to an entrant’s address or contact information not received in accordance with these Official Rules; viruses or other malicious code; interrupted or unavailable cable or satellite systems; technical, mechanical, hardware, or software malfunctions of any kind; unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules or in any Promotion-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in this Promotion; unauthorized human and/or mechanical intervention in any part of the entry process for any Sweepstakes or any other part of this Promotion; technical or human error which may occur in the administration of this Promotion or any Sweepstakes or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in this Promotion or receipt or use of any prize. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the applicable Sweepstakes. Released Parties are not responsible for any unavailability of any social media platform through which a Sweepstakes is advertised or any Influencer Entry Page that may interfere with a Sweepstakes or ability of entrant to timely enter or otherwise participate in a Sweepstakes (or the Promotion as a whole) – in which case Sponsor, in its sole discretion, may terminate or modify any Sweepstakes or the entire Promotion. Released Parties are not responsible for electronic communications that are undeliverable or not received as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of this Promotion (including any Sweepstakes) if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of a Sweepstakes or the overall Promotion, and award the prizes from all eligible, non-suspect entries received prior to cancellation, modification, or suspension (if any) or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with or artificially manipulating the entry process or the administration, operation, security, proper play or fairness of this Promotion or any Sweepstakes (or benefiting from or encouraging others to do the same), or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Participants agree to not damage or cause interruption of the Promotion or any Sweepstakes and/or prevent others from using any Influencer Entry Page. Caution: Any attempt by an entrant or any other individual to alter or damage any website or undermine the legitimate operation of the Promotion or any Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to disqualify such individual and to seek damages to the fullest extent permitted by law.
GOVERNING LAW/DISPUTES/ARBITRATION
You agree that these Official Rules and your participation in the Promotion and any Sweepstakes are governed by the laws of the State of Massachusetts. Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney-general action. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney-general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts located in or having jurisdiction over Worcester County, Massachusetts and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth elsewhere in this section, any claim, suit, action or proceeding arising out of or relating to the Promotion, any Sweepstakes, these Official Rules, or any contact or communication you receive from Sponsor, Outvote, or their respective representatives based on information you provide as part of this Promotion will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Boston, MA, New York NY, Los Angeles, CA, Chicago, IL, Atlanta, GA, or Dallas, TX (whichever is closest to your residence) or – if so required by the JAMS rules – in or near your hometown. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Worcester County, MA. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Promotion or any Sweepstakes, provided that nothing in these Official Rules will restrict a California resident’s rights under applicable law (if any) to seek public injunctive relief otherwise in accordance with this dispute-resolution provision. Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
GENERAL
By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (1) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (2) that the decisions of the Sponsor are final and binding on all matters relating to the Promotion and any Sweepstakes, including interpretation of these Official Rules and awarding of the prizes; and – except for residents of Tennessee – (3) to the use of his/her name, voice, likeness, biographical data and/or other personal attributes for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted in these Official Rules and entrant waives any right to inspect or approve such use). If any provision of these Official Rules is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion or Sweepstakes materials and the terms and conditions of these Official Rules (including any inconsistency within these rules), it will be resolved in Sponsor’s sole discretion. Each entrant acknowledges that, if he/she is chosen as a winner, certain of his/her identifying information may be disclosed to third parties or the general public, as required by law or otherwise provided for under these Official Rules – including, without limitation, on the winners list.
RULES/WHO WON?
A copy of these Official Rules will be available during the Promotion Period at www.2020upto.us/ checkandchat. For information on who won any Sweepstakes, please send an email with the subject line “Check & Chat Promotion – Who Won?” to sweepstakes@2020upto.us for receipt no later than six (6) months after the end of the Promotion Period. In order for us to be able to respond to your request, you must clearly indicate in your email about which Influencer’s Sweepstakes you are requesting information.
THE SPONSOR OF THIS PROMOTION IS
Up to Us, Inc., 206 Ave A, Suite 4A, New York, NY 10009