Upway Electric Bike Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (EXCLUDING ALASKA AND HAWAII) WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD (OR THE LOCAL AGE OF MAJORITY IN THE JURISDICTION WHERE THE PARTICIPANT RESIDES, IF HIGHER THAN 18).
VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Upway USA Inc., 134 Morgan Avenue, 11237 NY, Brooklyn, USA (“Sponsor”).
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Instagram.
The Upway Electric Bike Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Alaska and Hawaii) who are eighteen (18) years of age or older (or the local age of majority in the jurisdiction where the participant resides, if higher than 18) at the time of entry. Void where prohibited or restricted by law.
The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Sweepstakes (Sponsor, collectively with the foregoing, the “Sweepstakes Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Sweepstakes, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Sweepstakes.
3. Sweepstakes Entry Period
The Sweepstakes begins on April 19, 2023 at 11 AM EST and ends on May 10, 2023 at 11.59PM EST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
There is one (1) ways to enter the Sweepstakes:
Social Media: During the Entry Period:
a. Follow @upway.usa on Instagram;
b. Like the post from @upway.usa announcing the Sweepstakes (the “Sweepstakes Post”); and
c. Comment in comments section of the Sweepstakes Post; and
d. Tag 3 people.
You may receive a maximum of one (1) entry in the Sweepstakes.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the entry deadlines will be disqualified from the Sweepstakes.
5. Odds of Winning
Odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification
One (1) entrant will be selected as the winner.
On or about May 11, 2023, Sponsor will select the winner based on a random drawing from all eligible entries received during the Entry Period. Sponsor will attempt to notify the winner via direct message to the winner’s Instagram account.
In the event of a dispute as to any entry, the authorized account holder of the Instagram account used to enter the Sweepstakes will be deemed to be the entrant. A potential winner may be required to show proof of being the authorized account holder.
The winner is subject to verification, including verification of age and residency.
If a winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver the prize) or timely execute and return any documents required by Sponsor, the winner will be disqualified and forfeit all interest in the prize. If the winner is disqualified, Sponsor reserves the right to select a substitute winner or not award the unclaimed prize.
7. Prizes and Prize Claims
One (1) winner will win:
- A 2021 Refurbished Electric Bike (Approximate Retail Value (“ARV”): $3,799)
All amounts are in United States dollars.
The right to receive a prize cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. The prize is subject to availability and if the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of comparable or greater retail value.
As a condition of receiving the prize, the winner must provide Sponsor with a valid mailing address within the continental United States. Sponsor will pay for the cost of delivering the prize to winner within the continental United States. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. Sponsor is not responsible for any prizes that are lost, stolen, undeliverable, or returned. Please allow 7-10 days for shipping.
THE WINNER AGREES TO ACCEPT THE PRIZES “AS IS”, AND ENTRANTS HEREBY ACKNOWLEDGE THAT SWEEPSTAKES PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANICAL CONDITIONS. SPONSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. The winner agrees and acknowledges that Sponsor may be required to withhold and remit a portion of prize value to comply with applicable tax laws. The winner also agrees to provide Sponsor with a valid social security number or any other information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.
All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
Except where prohibited by law, by accepting a prize, the winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By accepting a prize, the winner represents and warrants that he or she has the right to grant the foregoing license.
9. Limitations of Liability of Sweepstakes Parties
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE SWEEPSTAKES PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE SWEEPSTAKES OR (B) ANY PRIZE AWARDED, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE SWEEPSTAKES ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE SWEEPSTAKES (IF ANY).
The Sweepstakes Parties assume no liability and are not responsible for, and by entering the Sweepstakes you hereby waive and release the Sweepstakes Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Sweepstakes and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Sweepstakes, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Sweepstakes. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only a single prize from a random drawing of all eligible entries. In no event will more than the stated number of prizes (i.e., one prize) be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Parties.
For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “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.”
10. Sponsor’s Reservation of Rights
If the Sweepstakes is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select a winner from a random drawing of all non-suspect, eligible entries submitted as of the time of cancellation.
11. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the winner, and the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12. Dispute Resolution
PLEASE NOTE THAT THE UPWAY TERMS OF SERVICE FOUND AT HTTPS://UPWAY.CO/PAGES/UPWAY-ELECTRIC-BIKE-GIVEAWAY CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THE TERMS FOUND IN THE TERMS OF SERVICE.
14. Winner List
For the name of the winner, send an email to firstname.lastname@example.org with “Upway Electric Bike Giveaway – April 2023” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.