To enter this Promotion, you must agree to and abide by these official rules ("Official Rules") as well as the ESPN Men’s Tournament Challenge 2022 Official Rules (the “ESPN Rules”), which can be found here.
NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A
PURCHASE OR PAYMENT WILL NOT IMPROVE ONE'S CHANCES OF WINNING. VOID IN
PUERTO RICO, OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES, QUEBEC AND WHERE
PROHIBITED BY LAW.
The OfferUp Ads Pool Men’s Tournament Challenge 2022 (the “Sweepstakes”) is sponsored by OfferUp Inc. (“Sponsor”), 1100 Bellevue Way NE, Suite 8a, #57, Bellevue, WA 98004.
PRIZES: One winner will receive one workout Mirror Basic as advertised here. Approximate retail value of the prize is $1,495.00 (the “OfferUp Prize”). Two additional winners will each receive one $USD 100.00 American Express gift card. The OfferUp Prize and the two American Express cards are collectively referred to as “prize” or “prizes” throughout these Official Rules.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States or District of Columbia who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) upon entry. Directors, officers, members, managers, and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
SWEEPSTAKES PERIOD: The Sweepstakes begins on Thursday, February 17, 2022 at 12:00 PM (noon) ET and ends on Thursday, March 17, 2022 at 12:00 PM (noon) ET (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet the requirements in these Official Rules to be eligible as well as the eligibility requirements outlined in the ESPN Rules. Sponsor or its designee’s computer is the official timekeeping device for the Sweepstakes Period.
HOW TO ENTER: No purchase is necessary to enter or win the Sweepstakes. To enter, you must:
1. Online: Be registered via one of the Entry Methods as defined in the ESPN Rules here. You may enter via any combination of the Entry Methods, but there is a limit of 25 total entries per person during the Sweepstakes Period; or
2. Free Mail-In Method of Entry: (i) Create an ESPN account as outlined in Section 5 of the ESPN Rules; and (ii) mail a 3 x 5 card with your full name, ESPN account username, mailing address, phone number, the email address used to register for your ESPN account, and a statement that you agree to these Official Rules to: Men’s Tournament Challenge 2022, OfferUp Inc., Care of Marketing Team, 1100 Bellevue Way NE, Suite 8a, #57, Bellevue, WA 98004. P.O. boxes are not permitted. Mail-in entries must be postmarked during the Sweepstakes Period and will be honored if received up to seven days after the end of the Sweepstakes Period, provided, of course, the entrant and entries otherwise meet the requirements in these Official Rules.
By entering the Sweepstakes, you are opting into Sponsor’s email mailing list, and you agree that Sponsor can email you regarding the Sweepstakes and Sponsor’s marketing messages. If you wish to opt out of marketing or other commercial email communications from Sponsor at any time, email email@example.com.
ENTRY LIMIT: There is a limit of 25 total entries per person during the Sweepstakes Period. Any attempts to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
DISCLAIMER: Sponsor, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
SELECTION OF WINNER: Sponsor will review all eligible entries received during the Sweepstakes Period to determine the highest scoring entries as outlined, and following directly, the ESPN Rules. The OfferUp Prize winners will be selected via a random drawing from among the highest scoring entries during the Sweepstakes Period that meet the criteria as outlined in these Official Rules. One winner will be selected from the highest scoring entrants in a random drawing from valid entries to receive the OfferUp Prize. Two additional winners, selected in sequential order from the highest scoring registered entrants, minus the winner of the OfferUp Prize, will be selected at random to each receive an American Express Gift card with a value of USD$100 per card. To confirm, the winner of the OfferUp Prize is not eligible to win the American Express Gift cards. The OfferUp Prize drawing will take place remotely, due to COVID19 restrictions, in Washington State, near or around the Sponsor’s offices in Bellevue, WA, USA or another location of Sponsor’s sole choosing. There is no entry fee required to participate in the Sweepstakes. Entry materials/data that have been tampered with or altered are void. OfferUp Prize winners will be determined on or about Wednesday, April 20, 2022.
The winners will be notified shortly after the time of the random drawing. If a winner does not claim the prize when notified, the winner will forfeit the prize and a new drawing will be conducted with an alternate winner selected. This process will continue until a winner claims the prize.
By accepting a prize, the winner agrees that Sponsor, its affiliates, distributors, partners, consultants, agents, and all of their respective officers, directors, employees, representatives and agents will have no liability for, and the winner shall hold all such parties harmless against damage, loss or injury that may arise in whole or in part, directly or indirectly, from, the winner’s acceptance, possession, use or misuse of prizes, participating in any prize-related activity, or participation in the Sweepstakes.
Winners agree to provide to Sponsor any required documentation, including tax Form W-9, or other information reasonably requested by OfferUp relating to the award of the prize prior to receiving their prize. Sponsor will furnish to the Internal Revenue Service any required tax reporting forms relating to the award of the prize, including Form 1099MISC. Prizes will only be distributed and sent to winners upon receipt of all necessary tax forms and Sponsor may withhold all prizes until necessary documentation has been received and verified as final at Sponsor’s sole discretion.
VERIFICATION OF POTENTIAL WINNER: THE POTENTIAL WINNERS ARE SUBJECT TO
VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS
RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL
ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT
VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
PRIZE RESTRICTIONS: Winners are solely responsible for all taxes, fees, and insurance expenses, if any relating to the prizes. No prize substitution, cash substitution, assignment or transfer of the prizes is permitted, except that Sponsor may substitute a prize of equal or greater value in the event it deems necessary. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, expressed or implied, except as provided by the supplier. The winner will look solely to the supplier of the prize for any supplier warranties that might accompany the prize.
VIOLATIONS OF RULES: Sponsor reserves the right, at its sole discretion, to disqualify any individual it reasonably suspects or believes to be tampering with the entry process or the award mechanism by any other means or to be acting in violation of these rules. Any person attempting to defraud or tamper with Sweepstakes in any way will be ineligible for prizes and may be prosecuted to the full extent of the law.
LIMITATION ON LIABILITY: EACH ENTRANT AGREES THAT SPONSOR AND ITS AFFILIATES,
DISTRIBUTORS, PARTNERS, CONSULTANTS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR
ANY INJURY, LOSS OR DAMAGE OF ANY KIND RESULTING FROM THIS SWEEPSTAKES OR
ENTRANT’S PARTICIPATION IN THIS SWEEPSTAKES, THE ACCEPTANCE, POSSESSION OR USE OF
THE PRIZE OR PARTICIPATING IN ANY PRIZE-RELATED ACTIVITY. EACH ENTRANT FURTHER
AGREES THAT SPONSOR AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, CONSULTANTS,
AGENTS, AND EMPLOYEES ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS IN
THE OFFER OR ADMINISTRATION OF THIS SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO
ERRORS IN THE OFFICIAL RULES, THE SELECTION AND ANNOUNCEMENT OF THE WINNER, OR
THE DISTRIBUTION OF THE PRIZE. SPONSOR RESERVES THE RIGHT TO MODIFY THESE RULES FOR
CLARIFICATION PURPOSES WITHOUT MATERIALLY AFFECTING THE TERMS AND CONDITIONS OF
THE SWEEPSTAKES WITHOUT ENTRANT NOTIFICATION.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts situated in Seattle, Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages“), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The laws of the State of Washington, without reference to Washington’s choice of law rules, governs the Sweepstakes and all aspects related thereto.
CONSENT TO USE OF INFORMATION: Each entrant specifically acknowledges and agrees that Sponsor and its affiliates, distributors, partners, consultants, agents, advertising and promotional agencies, and suppliers may utilize information obtained from the entrant, including but not limited to, to contact him or her and/or to offer their products or services or for other promotional purposes. By submitting an entry, each entrant consents to the use of his or her name, likeness, biographical information, and the fact they won a prize in this and future promotions and publicity without further compensation or notification, except where prohibited by law.
MISCELLANEOUS: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after April 20, 2022, and before April 20, 2023 to 1100 Bellevue Way NE, Suite 8a, #57, Bellevue, WA 98004, Care of Legal Department, Attn: Men’s Tournament 2022 Sweepstakes. To obtain a copy of these Official Rules, visit this link or send a stamped, self-addressed business-size envelope to 1100 Bellevue Way NE, Suite 8a, #57, Bellevue, WA 98004, Care of Legal Department, Attn: Men’s Tournament 2022 Sweepstakes. VT residents may omit return postage.
Intellectual Property Notice: OfferUp is a trademark of OfferUp Inc. The Sweepstakes and all accompanying materials are copyright © 2022 by OfferUp Inc. All rights reserved.
OFFICIAL RULES: You are encouraged to take a copy of these Official Rules for future reference.