By clicking on a link or otherwise taking action to enter or participate in any contest or sweepstakes (collectively, a “Contest”) described on the Glow App or through one or more websites operated by Upward Labs Holdings Inc. (“Glow”), you will be deemed to have consented to all the rules set forth in this policy, as well as any rules that are set forth in connection with the specific contest or sweepstakes in which you are participating or which you have entered. In the event of any conflict between the rules of any specific contest or sweepstakes and these policies, the rules of the specific sweepstakes or contest will control.
Affidavit of Eligibility, Liability and Publicity Release. Winners of any prizes may be required to execute a Affidavit of Eligibility, Liability & Publicity Release, which, among other things, may grant Glow permission to use, without notice or further compensation, your name, your town name and state, likeness, statements or prize information for any purposes worldwide, in perpetuity, in any and all forms of media now known and hereafter devised, including, without limitation, on Glow’s websites, except where prohibited.
Eligibility: Unless provided otherwise in the rules of the specific Contest, You may not participate in any Contest unless you are a legal resident of the forty eight (48) continental United States and the District of Columbia and are at least eighteen (18) years old at the time of entry. Employees of Glow, any affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are generally not eligible to participate.
Winner Notification: If a possible winner cannot be reached or does not return the notification email, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the three (3) business days, such person will not be recognized as a winner and will forfeit any prize. The winner must comply with all terms and conditions of the Contest, and winning is contingent upon fulfilling of all requirements. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize may be awarded to an alternate winner. In the event that the winner is disqualified for any reason, Glow may randomly draw another eligible entry. Prizes are not transferable, assignable, or redeemable for cash. If necessary due to unavailability of a prize, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. All decisions are final.
Taxes: All Federal, state and local tax liabilities are the responsibility of the winners.
Release: Entrants release and waive any claims they may have against Releasees (defined below) for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney’s fees) resulting from participation in any Contest or from acceptance, use, or misuse of any prize or parts thereof.
Miscellaneous: If for any reason, a Contest is not capable of running as planned, or if a Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with applicable rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Glow’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Glow reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Contest or any portion thereof. In the event a Contest is cancelled, Glow reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, nonsuspect on-line entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the entry site. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of a Contest is a violation of criminal and/or civil laws and should such an attempt be made, Glow or its affiliates reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an on-line entry, the entry will be deemed submitted by the authorized account holder of the e-mail account associated with the eligible user’s Glow account, or such other account as is selected by Glow. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Glow with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.
Each Contest is subject to all applicable federal, state, and local laws and regulations. Void in Alaska and Hawaii. Void where prohibited. All Contests shall be subject to these Contest Policies, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply. These Contest Policies, any Official Rules and Glow’s decisions, are final and binding in all matters related to a Contest.
Governing Law: All Contests will be governed by and construed in accordance with the laws of the State of Delaware. All federal, state and local laws and regulations apply.
Mandatory Arbitration to Resolve Disputes/Waiver of Jury Trial: To the extent permitted by applicable law, Glow and you agree to arbitrate our disputes arising or relating to any Contest. All claims shall be submitted to final, binding arbitration before the American Arbitration Association (“AAA”). Before instituting arbitration, you agree to provide us with an opportunity to resolve your claim by sending a written description of your claim to Glow Legal Dept., 580 California St, Suite 1200, San Francisco, CA 94104, or by email to Legal@Glowing.com and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim within 30 days of receipt of your notice, then you or we, instead of suing in court may initiate arbitration proceedings with the AAA. Arbitration will be conducted under the AAA’s rules and procedures which are available at www.adr.org. You and we agree to pay our own fees, costs and expenses, including those for any attorneys, experts and witnesses, unless it is determined that imposing such fees on you is unreasonable in which case we shall pay such fees. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, you and we may only bring claims against each other in an individual capacity and not as a class representative or a class member in a class representative action. You and we waive any right to jury trial involving any claim or disputes between you and us.