Close the Deal Contest Official Rules NO ... - The UPS Store

Close the Deal Contest Official Rules NO PURCHASE IS NECESSARY TO ENTER OR WIN. PLEASE READ THESE TERMS BEFORE ENTERING THE CONTEST. AS DETAILED BELOW, THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. The Close the Deal Contest (the “Contest”) starts at 4:00 pm Eastern Standard Time (“EST”) and ends at or about 4:40 pm EST on November 7, 2017 (“Contest Period”). Entries not received within the Contest Period by the end of the applicable Round as defined below will be void. By entering, you understand that you are providing your information to the Sponsor and not to Facebook. ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age (or the age of majority in their state of residence) or older and have internet access as of time of entry. Employees of The UPS Store, Inc. (“Sponsor”), franchisees and employees of The UPS Store® franchise locations, Erwin Penland, LLC, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. The information you provide will be used for the purposes of Contest administration. HOW TO ENTER: During the Contest Period, visit The UPS Store Facebook page at www.facebook.com/theupsstore and locate the streaming Facebook Live video on the page. The Contest will consist of two (2) phases; each phase will be divided into four (4) rounds of gameplay (each, a “Round”). Each Round will operate as follows: Prize Selection. For each Round other than the final Round, the host in the live video stream will ask the Facebook Live audience to use one (1) of four (4) specified “reaction” emojis available on Facebook to vote for which three (3) of the available prizes they would like to be eligible to win during that Round; each of the specified emoji’s will correspond to three (3) of the twelve (12) prizes available. At the conclusion of each Round (other than the final Round), the prizes associated with the top three emojis that accrued the highest vote count (as determined by Sponsor, in its sole discretion) will be the three (3) prizes awarded for that Round. For the final Round of each phase, the three (3) remaining prizes will automatically be selected and there will be no Prize Selection. Slogan Entry. Then, one by one, during each Round, three (3) items will appear on the live video screen along with the call-to-action “Give This a Slogan” (each, a “Slogan Item”), and the Facebook Live audience will have approximately thirty (30) seconds to post a comment with a possible slogan for the specified Slogan Item. Slogans may only contain text; any slogans containing any images, emojis, links, etc. will be void. To receive one (1) entry into the Contest for that Slogan 15366132.2 202999-10014

Item and be considered for the prize associated with the applicable Slogan Item, submit one (1) slogan via comment in the Facebook Live comment box during the appropriate thirty-second time period. One (1) comment will count as one (1) “Entry”. All Entries must be received by the end of the respective thirty-second time period for that Slogan Item to be considered for the prize associated with the applicable Slogan Item. Entries received after the thirty-second time period for that Slogan Item will be void and will not carry over into subsequent Rounds, if any. Entries generated by script, macro or other automated means are void. Limit five (5) Entries per person per Slogan Item, using only one (1) Facebook account, for a total limit of fifteen (15) Entries per person per Round. Limit one (1) prize per person throughout the Contest Period. Entries received from any person or email address or household in excess of the limitation will be void. A Facebook account is required to enter the Contest, and can be opened for free at www.facebook.com, or by downloading the Facebook application onto your smartphone from your appropriate app store. REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:  is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;  promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;  is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;  defames, misrepresents or contains disparaging remarks about other people or companies;  contains trademarks owned by others without permission;  contains any personal identification, such as license plate numbers, personal names, email addresses or street addresses;  contains copyrighted materials owned by others without permission;  contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;  communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or  violates any law. Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on Sponsor’s Facebook page or other websites, if Sponsor chooses to share. Entrant agrees that Released

Close the Deal Contest Rules FINAL

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Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry outside of the Entry on the Facebook Live video. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance. JUDGING: At the end of each Round, all eligible Entries received by Sponsor for each Slogan Item will be judged by a panel of judges based on the following criteria: originality (30%); creativity (30%), and adherence to Contest theme, i.e., the slogan accurately represents the Slogan Item pictured (40%) (the “Judging Criteria”). The one (1) Entry with the highest score for each Slogan Item will be deemed a potential winner, for a total of three (3) potential winners per Round. In the event of a tie, an additional “tie-breaking” judge will determine the potential winner(s) based on the Judging Criteria listed herein. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Potential winners are subject to verification of eligibility and compliance with these Official Rules. WINNER NOTIFICATION: Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners will be notified by direct message on Facebook with instructions on how to redeem the prize and will be asked to respond and provide their full name, telephone number (including area code), date of birth, mail and/or email address and may be required to complete and/or have notarized an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) business days of date appearing on prize notification. A winning Entry may not be declared until verification of eligibility of the entrant as well as verification of compliance with these Official Rules. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. Sponsor assumes no responsibility for undeliverable prize notification resulting from any form of active or passive filtering by any social media platform or entrant’s account settings or for insufficient space in an entrant’s user account to receive notifications. PRIZES (24): Twenty-four (24) prizes are available: One (1) Smeg Kettle, Approximate Retail Value (“ARV”): $130; One (1) Apple Watch, ARV: $430; One (1) Nintendo Switch, ARV: $300; One (1) Vizio Smart TV, ARV: $330; One (1) Nespresso Machine, ARV: $140; One (1) Amazon Tablet, ARV: $65; One (1) Yeti Cooler, ARV: $250; One (1) Dyson Air Multiplier Fan, ARV: $300; One (1) Bose SoundLink Mini Bluetooth, ARV: $180; One (1) iRobot Roomba, ARV: $300; One (1) Amazon Echo Show, ARV: $230; One (1) Under Desk Elliptical, ARV: $250; Two (2) 25-oz Swell Water Bottles, ARV: $75; One (1) GoPro Hero 5, ARV: $400;


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One (1) PureSpa Essential Oil Diffuser, ARV: $40; One (1) Breakfast Sandwich Maker, ARV: $40; One (1) KitchenAid Tilt Head Mixer, ARV: $375; One (1) Furbo Dog Camera, ARV: $250; One (1) What Do You Meme? Adult Party Game, ARV: $30; One (1) Beats by Dre Over the Ear, ARV: $200; One (1) Drone with HD Camera, ARV: $120; One (1) Fujifilm Instax 9, ARV: $60; One (1) Xbox 1S, ARV: $300; and One (1) prize of $500 cash, to be awarded in the form of a check made out in the winner’s name. The order in which the prizes are awarded to the potential winners will be dependent on the Facebook Live audience voting (via reaction emojis) and available Round and is at the sole discretion of Sponsor. Total ARV of all prizes is $7,000. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, The UPS Store franchisees, Erwin Penland, LLC, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize, including any travel/activity related thereto; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant Sponsor (and its designees) a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, store, copy, transmit, publish, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, comment and/or post and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.


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MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, the incorrect uploading of the comment or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 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 CONTEST, 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,


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including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. 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 Contest 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 Contest 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 Contest, 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 California. Use of Data: Use of data about entrants collected by or on behalf of Sponsor is limited to administration of the Sweepstakes and publicity and marketing purposes set forth in these Official Rules. Please review the Sponsor’s privacy statement at https://www.theupsstore.com/privacypolicy. By participating in the Contest, entrants agree to the collection and use of information as set forth in these Official Rules and in the Sponsor’s privacy statement, and acknowledge that they have read and accepted the Sponsor’s privacy statement. Sponsor may engage certain third party companies to perform services in connection with the administration of this Contest and information provided by entrants may be collected and used by those third parties for purposes of administration of the Contest and the fulfillment and verification of prize awards. WINNERS’ LIST: For a list of winners (available after November 13, 2017), send a self-addressed, stamped, envelope by December 1, 2017 to: Close the Deal Contest Winners, Erwin Penland, LLC., 110 E. Court Street, Suite 400, Greenville, SC 29601. SPONSOR: The UPS Store, Inc., 6060 Cornerstone Court West, San Diego, CA 92121.


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