NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
SWEEPSTAKES ENTRY PERIOD: The Glow Giveaway (“Sweepstakes”) starts at 9:00 a.m. Eastern Time (“ET”) on October 1, 2023 – and ends at 11:59 p.m. ET on November 30, 2023 (“Sweepstakes Entry Period”). The entire duration of the Sweepstakes runs from October 1, 2023, until the potential winner has been notified, verified and the prize has been awarded (“Entire Sweepstakes Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Upward Labs Holdings, Inc., 580 California St Suite 1200 San Francisco, CA 94104 (“Sponsor” or “Glow”), which shall be final and binding in all respects.
ELIGIBILITY: Open only to individuals who are (a) legal residents of the 50 United States or the District of Columbia, (b) who are 18 years of age or older as of date of entry, (c) who are the parent/legal guardian of a child between 0-24 months old as of the date of entry, (d) possess a web-enabled mobile device as of Jan 1, 2022. Minors must have consent from their parent or legal guardian. Officers, directors, and employees of Sponsor, and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors, and advertising, promotional, and judging agencies (all such individuals and entities collectively referred to herein as the “Sponsor, Administrator and Related Parties”) and their immediate family members (defined as parents, siblings, spouses, and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes are subject to all applicable federal, state, and local laws.
ENTRY REQUIREMENTS: The requirements in this section are referred to as the “Entry Requirements” and they apply to each Entry that an Entrant submits in the Sweepstakes. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can they defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s or entity’s personal or proprietary rights. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains any proprietary rights of any person living or deceased (including, but not limited to. rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, as determined by Sponsor in its sole discretion, may be disqualified. Entries should not contain any third-party materials (except for Glow), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand.
RANDOM DRAWINGS: At the end of the Sweepstakes Entry Period, one (1) Grand Prize winner will be selected in a random drawing from among all eligible Entries received. The random drawings will be conducted by [the Sponsor] , whose decisions are final on all matters relating to the drawing. A potential winner will be notified by [the email address from the entry form] (and complete winner notification procedures are outlined in Rule #7). The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. [The Sponsor] may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): There are one (1) Prize available, as follows: $500 Gift Certificate to Amazon.com. This Sweepstakes is not sponsored, endorsed by, or otherwise affiliated with any of the third parties referenced in the prize descriptions or their respective parent companies. The third-party trademarks listed in the prize descriptions are owned by their respective owners. All inquiries about the Sweepstakes should be directed to Sponsor and not any of the third parties listed in the prize descriptions above. Limit one (1) Prize per person. Prizes are non-transferable and no cash redemptions or substitutions are allowed except by the Sponsor, who reserves the right to award a Prize of equal or greater value if featured Prize becomes unavailable. Winner is responsible for all taxes on Prize. No more than the advertised number of Prizes will be awarded. Applicable portions of the Prize will be delivered only to addresses in the fifty (50) United States/DC. The odds of winning a Prize will depend on the number of eligible Entries received.
GENERAL: [The Sponsor’s] computer timestamp is the official timekeeper for purposes of this Sweepstakes. Prizes will be awarded only if the potential Prize winner fully complies with these Official Rules. All portions of the Prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual Prize(s) may vary from the Prize(s) pictured. All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize. If you are the potential winner, you will be notified as provided above and will be required to follow the instructions outlined in the direct message within seventy-two (72) hours of notification attempt or Prize will be forfeited and an alternate winner will be selected. Potential Prize winner (or his/her parent/guardian, if potential Prize winner is an eligible minor in his/her state/jurisdiction of residence “Minor”) will be required to sign and return a Declaration of Eligibility and Liability Release, and except where prohibited, publicity release and assignment of rights (“Declaration”) within three (3) days of notification in order to be confirmed as the winner. If potential Prize winner fails to return the completed Declaration within three (3) days of Winner Notification, or if notification or Prize or Declaration is returned as undeliverable, or if Entrant shall be deemed to be ineligible or otherwise not in compliance with these Official Rules, then potential Prize winner will be deemed disqualified and their claim to the Prize will be forfeited and an alternate potential Prize winner will be randomly selected from the remaining eligible Entries and the same verification process outlined above will be followed to verify that potential winner. Sponsor will make up to three attempts to verify winner and award Prize; thereafter, unclaimed Prize may not be awarded.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prizes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
All Entrants (and any Minor Entrant’s parent or legal guardian), as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor, [Administrator] and Related Parties, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. Winners (and any Minor Winner’s parent or legal guardian) assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or misuse or redemption of the Prizes. Acceptance of any Prize constitutes permission to use winner’s name, likeness, social media handle, and Entry for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant (and any Minor Entrant’s parent or legal guardian) accepts and agrees to be bound by these Official Rules and agrees to be bound by Sponsor’s decisions regarding the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes (each a “Sweepstakes Change”) if no Entries are received or if the Sweepstakes cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) such as infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort, or force majeure event (including without limitation epidemic, pandemic, communicable, contagious, or infectious disease or public health quarantine that impacts the anticipated participation in the Sweepstakes). In such event, Sponsor may (a) cancel the Sweepstakes entirely, (b) award the Prizes from eligible Entries received prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion), or (c) extend the Sweepstakes Entry Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Sweepstakes Change to be effectuated by Sponsor and that such Sweepstakes Change is not simply at Sponsor’s option for any reason. All Entrants (and any Minor Entrant’s parent or legal guardian) understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASED PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
GOVERNING LAW, JURISDICTION AND VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN CALIFORNIA. THE CALIFORNIA COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN CALIFORNIA.
ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant (and any Minor Entrant’s parent or legal guardian) agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in San Francisco, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Contest Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the activation of a Glow account or otherwise; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS: For the names of the winners, available after [December 8, 2023], send a stamped, self-addressed envelope by [January 1, 2024], to: 580 California St Suite 1200 San Francisco, CA 94104.
SPONSOR/ADMINISTRATOR: The Sponsor of Sweepstakes is Upward Labs Holdings, Inc., doing business as “Glow”, 580 California St Suite 1200 San Francisco, CA 94104.