Think Upward Sportscar
Giveaway # 2 - Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Think Upward Sportscar Giveaway #2 (the "Promotion") begins at 9:00:01 AM Eastern Time (“ET”) on November 28, 2022 and ends at 2:00:00 PM ET on November 28, 2023 or the earlier of the sellout of 2,500 apparel (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 48 contiguous United States (excludes Alaska and Hawaii), who are 18 (except Alabama and Nebraska 19 and 21 in Mississippi) years of age or older as of date of entry. Employees, officers and directors of Upward Graphics LLC (“Sponsor”), and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
2. HOW TO ENTER THE PROMOTION: There are two (2) methods of entry, as outlined below:
a. PURCHASE: Eligible individuals who make an online purchase at www.upward315.com (the “Website”) or in-store during the Promotion Period, will be eligible to receive one (1) Sweepstakes entry for each product purchased individually regardless of price (example: purchase one (1) hoodie from the Website will be eligible to receive one (1) entry into the Sweepstakes). No limit on number of entries received with a purchase on the Website or in-store. Purchase transactions must be received/made by 2:00:00 PM ET on November 28, 2023 or the earlier of the sellout of 2,500 apparel to be eligible to receive Sweepstakes entries. If a purchase is returned prior to the drawing, Sweepstakes entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. At the conclusion of each transaction, the eligible individual will receive a corresponding number of tickets that aligns with the number of Sweepstakes entry(ies) earned. Each ticket is equivalent to one (1) Sweepstakes entry. Each ticket will be printed upon ordering and dropped in the raffle drum located at Upward Graphics 21 S 2nd St, Fulton NY 13069 to be eligible for the drawing.
b. ALTERNATE MEANS OF ENTRY: To enter without purchase, hand-print your full name, full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper. Mail your completed entry to Upward Graphics, Attn: Think Upward Sportscar Giveaway Entry, 21 S 2nd St, Fulton, NY 13069. Each entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late, incomplete, illegible, misdirected or postage-due entries. No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind or (ii) any incorrect data contained in any sweepstakes entry. Mail-in entries must be postmarked no later than November 23, 2023 and received by November 28, 2023 to be eligible for the drawing. Entrants can earn one (1) Sweepstakes entry per eligible mail-in entry. Limit of one Sweepstakes entry received via the Alternate Means of Entry per person. Requests for confirmation of receipt of mail-in entries will not be acknowledged.
3. SWEEPSTAKES DRAWING/ODDS: On or about November 28, 2023 or earlier when all 2500 apparel is sold prior to the end date, the Sponsor will conduct a random drawing from all eligible Entries received within the Promotion Period and select One (1) Sweepstakes Prize winners. Odds of winning a Promotion prize depend on the number of eligible Entries received.
4. WINNER NOTIFICATION: The potential prize winners will be notified by email and/or phone within twenty four (24) hours of winner selection or as soon as reasonably practiceable. Potential winners will have twenty four (24) hours to respond to winning notification before forfeiting their prize. Any winner of a prize package valued at $600 or more will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, notarized and returned to the Sponsor within ten (10) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries for that drawing.
5. PRIZES/PRIZE RESTRICTIONS:
a. GRAND PRIZE: One (1) Sweepstakes Package Prize will be awarded during the Promotion. The Sweepstakes Package Prize consists of:
● One (1) custom wrapped 2015 Ford Mustang GT 5.0
● One (1) custom wrapped 2018 Suzuki GSX 250R
The Approximate Retail Value (“ARV”) of the Sweepstakes Package Prize is $35,000
b. Cash Alternative. If Winner does not wish to take the Grand Prize presented by Sponsor (as applicable), or Sponsor determines that it cannot timely deliver the Grand Prize to Winner, for any reason, including without limitation due to legal restrictions, a force majeure event, failure of construction, or any other reason, the Winner may elect to take a cash alternative of $20,000 (USD) (the “Cash Alternative”). No additional prizes or compensation of any kind will be provided if the Cash Alternative is awarded.
PRIZE RESTRICTIONS: The Sweepstakes prize will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor.
Winner must advise Sponsor in writing on or before deadline provided in writing from Sponsor, as to Winner’s election. If Winner does not timely notify the Sponsor in writing that Winner is electing to accept the Grand Prize, then Winner shall forfeit the opportunity to elect the Grand Prize, and Winner will automatically receive the Cash Alternative and not the Grand Prize. Winner’s decision between accepting either the Grand Prize or Cash Alternative cannot be changed by Winner for any reason Sponsor reserves the right to require Winner to take the Cash Alternative and remove the option of the Grand Prize if the Winner does not wish to accept one of the Grand Prize options presented by Sponsor (as applicable), or the Grand Prize cannot be fully awarded or otherwise delivered to Winner on or before the Anticipated Prize Fulfillment Date(s) stated above, for any reason, including without limitation due to a force majeure event, legal restrictions, supply chain disruptions, Prize supplier cancellation or delays, or failure of construction. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
All third-party names and trademarks are the property of their respective owners. This sweepstake is not sponsored, endorsed, or affiliated in any way with Ford Motor Company, Suzuki Automotive Company, or any of their respective affiliates.
6. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
7. CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for 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 of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
9. RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
10. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of New York. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the state of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
12. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Sweepstakes Prize Winner.
13. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by December 28, 2023 to: Think Upward Sports Car Giveaway Winners List Request, c/o Upward Graphics, LLC, 21 S 2nd St, Fulton, NY 13069
SPONSOR: Upward Graphics, LLC. 21 S 2nd St, Fulton, NY 13069, https://www.upward315.com/privacy-policy