The Ups Store – 2019 Holiday Gift Giveaway – Win is a smartwatch (ARV $399.00).
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The UPS Store®
2019 Holiday Gift Giveaway Sweepstakes
THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF
COLUMBIA. DO NOT ENTER THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE 50
UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. THIS SWEEPSTAKES WILL BE
CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE UNITED STATES LAW. VOID WHERE
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING THIS SWEEPSTAKES. DO NOT ENTER
THE SWEEPSTAKES IF YOU HAVE NOT READ OR DO NOT AGREE TO OFFICIAL RULES.
THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS,
WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO
ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE SWEEPSTAKES. BY ENTERING THE
SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE
SWEEPSTAKES OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING
ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE SWEEPSTAKES SIGNIFIES YOUR
AGREEMENT TO THESE OFFICIAL RULES.
1. Entry Period: “The UPS Store®
2019 Holiday Gift Giveaway Sweepstakes” (“Sweepstakes”) begins on
December 5, 2019 at 12:00:00 am Pacific Time (“PT”) and ends on December 15, 2019 at 11:59:59 pm PT
(the “Promotion Period”).
2. Eligibility: This Sweepstakes is open only to legal residents of the 50 United States and the District of
Columbia, who are 18 years of age or older at time of entry. Employees and directors of The UPS Store,
Inc. (“Sponsor”), The UPS Store®
franchisees and each of their associates, Erwin Penland, LLC, and each of
their respective subsidiaries, affiliates, parent companies, suppliers, distributors, advertising, promotion
or any other agencies or entities involved with this Sweepstakes (collectively the “Released Parties”) as
well as the immediate family defined as spouses, (biological, adoptive or step-) parents, siblings, children
and each of their respective spouses (regardless of where they reside) and household members of each
such employee/director (whether related or not) are not eligible to enter or win a prize. Void outside the
50 United States/DC and where prohibited. By participating, entrants: (i) agree to be bound by these
Official Rules and by the interpretation of these Official Rules by Sponsor and the decisions of Sponsor,
which are final and binding in all respects; (ii) acknowledge compliance with these Official Rules; (iii)
represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; and
(iv) agree to comply with any and all applicable federal, state and local laws, rules and regulations.
3. How to Enter: Visit TheUPSStore.com/holidaygiveaway (“Web site”) during the Promotion Period
and, as prompted, provide your name, email address, phone number and confirm your agreement to the
following by clicking on the “submit” button: (a) to receive news, promotions and offers by email from
The UPS Store, Inc. headquarters (you may opt-out at any time without affecting your ability to enter the
Sweepstakes or your odds of winning a prize in the Sweepstakes); (b) that you are 18 years of age or older
at time of entry; and (c) to all other terms and condition of the Official Rules. (If you do not agree to all of
the above, your entry may be disqualified.) LIMIT ONE (1) ENTRY PER HOUSEHOLD.
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Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to
obtain more than the stated number of entries (i.e., more than one  entry) by using multiple/different
email addresses or any other methods may void all that entrant’s entries and that entrant may be
disqualified. Use of any robotic, automated, programmed, or similar system or third-party entry services
to participate is prohibited and may result in disqualification. In the event of a dispute as to ownership of
any entry, the entry will be deemed made by authorized account holder of the email address submitted
at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the
email address by an Internet access provider, on-line service provider, or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning email addresses for the domain associated
with the submitted email address. It is the responsibility of the entrant to notify the Sponsor in writing if
the entrant changes his/her email address during the Promotion Period. Proof to Sponsor’s satisfaction
of being the authorized account holder of the email address may be required of potential winners.
You may enter the Sweepstakes under only one email address. Proof of submission is not proof of receipt
of entry. Receipt of entries will not be acknowledged. Sponsor’s computer is the official clock for the
Sweepstakes. All entries submitted in compliance with these Official Rules and not disqualified are
considered “Eligible Entries.”
4. Random Drawing/Odds: One (1) grand prize winner will be randomly selected on or about December
18, 2019, from among all Eligible Entries received by the entry deadline. The decisions of Sponsor are final
and binding in all matters relating to the Sweepstakes. The potential prize winner will be notified by a
Sponsor representative via the email address provided by potential winner at time of entry. Odds of
winning depend on the total number of Eligible Entries received.
5. Prizes: One (1) Grand Prize will be awarded. Prize is a smartwatch (ARV: $399.00).
Prize is non-transferable. No substitution or cash equivalent is permitted, except in Sponsor’s sole
discretion. Sponsor reserves the right to award a prize of equal or greater value in the event the identified
prize is unavailable. Winner is not entitled to the difference between the approximate retail value and
the actual value of any prize. Prize is provided “as is.” Sponsor makes no warranties, representations or
guarantees relative to any prize, and disclaims all liability for the provision, use, quality or nature of any
third party product or service provided to the prize winner. Prize recipient is responsible for all taxes
resulting from acceptance and use of the prize. Reporting and payment of all applicable taxes, fees or
charges, if any, resulting from acceptance or use of a prize are the sole responsibility of the prize winner.
IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER EMAIL PRIVACY SETTINGS ALLOW
FOR SPONSOR TO CONTACT HIM/HER VIA EMAIL. Sponsor is not responsible for inability to contact a
potential winner at the provided email address for any reason (e.g., change of email address). By
participating in Sweepstakes, Winner acknowledges that Released Parties have not and will not obtain or
provide insurance of any kind relating to the prize. Potential winner will be required to complete, sign and
return a W9 tax form and an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release
within indicated time period. If any prize notifications or winner documents are not returned by the date
specified, or if prize notification is returned as non-deliverable, or if potential prize winner is found to be
ineligible or not in compliance with these Official Rules, the prize will be forfeited and awarded to an
alternate potential winner (time permitting) to be selected in a random manner from among all remaining
Eligible Entries. If Sponsor so elects, the potential winner may be required to submit to a confidential
background check to confirm eligibility.
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6. Release: By participating in the Sweepstakes, entrant agrees to indemnify and hold harmless Released
Parties from and against any and all liability arising out of or relating in any way to entrant’s participation
in Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties.
This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal
injuries or death and/or damage to personal or real property theft, loss or any other harm, suffered directly
or indirectly from entrant’s participation in Sweepstakes or the receipt or acceptance, redemption,
possession, use or misuse of the prize.
7. Publicity: By accepting the prize, unless otherwise prohibited by law, winner grants the Sponsor and
its designees the right, without limitation or further permission, or further compensation, to use, re-use,
reproduce, exhibit, publish, edit, distribute and copy the winner’s name and/or likeness, city and state of
residence, voice, and any other attributes of winner, for promotional, advertising, publicity and marketing
purposes, or any other lawful purpose, in any manner in commerce and in any medium now known or
hereafter devised throughout the world in perpetuity. The winner’s name may also be posted, at
Sponsor’s sole discretion, on a winner page of the Web site or otherwise, following verification of the
winner, and/or may be announced by news release.
8. General Conditions: Released Parties are not responsible if Sweepstakes cannot take place, or if prize
cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters,
weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of
government, or other events outside of the reasonable control of Released Parties. Sponsor reserves the
right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures,
human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or for any
other reason, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of
the Sweepstakes, to be acting in violation of the Official Rules, to have provided inaccurate information on
any legal documents submitted in connection with Sweepstakes or to be acting in an unsportsmanlike or
disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the
Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor
will disqualify any such entrant and reserves the right to seek damages from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute
a waiver of that provision. The Sweepstakes is subject to all applicable federal, state, and local laws and
regulations and is void where prohibited.
9. Limitations of Liability: The Released Parties are not responsible for: (i) any entries that are stolen,
late, lost, illegible, incomplete, fraudulent or not received: (ii) any incorrect or inaccurate information (i.e.,
email address or prize claim information; as applicable), whether caused by entrants, printing errors or by
any of the equipment or programming associated with or utilized in the Sweepstakes; (iii) technical failures
of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software or traffic congestion on the Internet or any combination thereof; (iv)
unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) any
typographical or other error in the printing of the offer, identifying the winner, in the announcement of
the prize and winner, and the delivery of the prize; (vi) technical or human error which may occur in the
administration of the Sweepstakes or the processing of entries; or (vii) 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
the Sweepstakes or receipt or use or misuse of the 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 Sweepstakes, if it is possible (as determined by Sponsor, in its sole discretion); if not
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possible, Sponsor shall have no liability of any kind. If the Sweepstakes, or any part of it, is discontinued
or modified for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among
all Eligible Entries received up to the date of discontinuance for the prize offered herein or to make the
prize available to be won in another manner of Sponsor’s sole choosing which is fair, appropriate and
consistent with these Official Rules (as determined by Sponsor in its sole discretion). And, notice of such
action by Sponsor shall be posted on the Web site.
10. Disputes: YOU AND SPONSOR AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR STATE COURTS
OF LIMITED JURISDICTION (SUCH AS SMALL CLAIMS, JUSTICE OF THE PEACE, MAGISTRATE COURT, AND
SIMILAR COURTS WITH MONETARY LIMITS ON THEIR JURISDICTIONS OVER CIVIL DISPUTES), ANY
CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THIS
SWEEPSTAKES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE RESOLVED IN ITS
ENTIRETY BY INDIVIDUAL (NOT CLASS-WIDE NOR COLLECTIVE) BINDING ARBITRATION.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and
binding decision, known as an “award.” Arbitration provides for more limited discovery than in court and
is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator
in writing or through witnesses. An arbitrator can only award the same damages and relief that a court
can award under the law and must honor these Official Rules.
Any arbitration will take place in the county where you reside and will be determined by a single arbitrator.
The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its
Commercial Arbitration Rules and Consumer Arbitration Rules (the “Rules”), and judgment on the award
may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate
arbitration, are available at www.adr.org/consumer. The arbitrator shall decide all issues of the case on
the basis of the applicable law, not equity. If you initiate arbitration, you must serve Sponsor’s registered
agent for service of process, Corporation Service Company, which has locations in every state. Information
also can be found on the website of your local Secretary of State.
Any filing fee or administrative fee required of you by the AAA Rules shall be paid by you to the extent
such fee does not exceed the amount of the fee required to commence a similar action in a court that
otherwise would have jurisdiction. For all non-frivolous complaints, Sponsor will pay the amount of such
fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees
consistent with the applicable rules of the AAA. Reasonable attorney’s fees and expenses will be allocated
or awarded only to the extent such allocation or award is available under applicable law. You and Sponsor
agree that this Sweepstakes affects interstate commerce so that the Federal Arbitration Act and federal
arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice
of law provision). This agreement to arbitrate shall survive termination of the Sweepstakes or these
Official Rules. If a court or arbitrator determines in an action between you and us that this Class Action
Waiver is unenforceable, the arbitration agreement will be void as to you.
All issues and questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State of California, without giving
effect to any choice of law or conflict of law rules (whether of the State of California or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of
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11. Entrant’s Personal Information: Information collected from entrants is subject to and will be treated
http://www.theupsstore.com/about/Pages/privacy-policy.aspx. By participating in Sweepstakes,
entrants hereby agree that Sponsor may collect and use their personal information in compliance with its
may engage certain third party companies to perform services in connection with the administration of
this Sweepstakes and the information provided by entrants may be collected and used by those third
parties for purposes of administration of the Sweepstakes and the fulfillment and verification of the prize
12. Request for Official Rules and Winner’s List: For requests for a copy of the Official Rules and for a
winner’s list, send a self-addressed stamped envelope in a separate first class stamped envelope to: Public
Relations Department, The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA 92121-7706.
Winner’s list requests must be received by March 1, 2019.
13. Sponsor: The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA 92121-7706.
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NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
December 5, 2019 at 12:00:00 am Pacific Time (“PT”) and ends on December 15, 2019 at 11:59:59 pm PT
Open only to legal residents of the 50 United States/DC, 18 years and older. Void where prohibited.
Sweepstakes begins 12:00:00 am PT 12/5/2019 and ends at 11:59:59 pm PT 12/15/2019. One (1) Grand
Prize: Smartwatch (ARV: $399.00). Prize drawing to occur on or about 12/18/19. Limit one (1) entry per
household. Odds of winning depend on the number of eligible entries received. For Official Rules,
complete prize description and entry details, visit www.TheUPSStore.com/holidaygiveaway. Sponsor:
The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA 92121-7706.