OFFICIAL 1UPSOURCHALLENGE GIVEAWAY RULES
ENTRANTS MUST BE AT LEAST 13 YEARS OLD (AND IF A MINOR, HAVE CONSENT FROM HIS OR HER PARENT OR LEGAL GUARDIAN) TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. THIS CONTEST IS NOT OPEN TO ARIZONA RESIDENTS.
ENTRY VIA INSTAGRAM OR TIKTOK ONLY. AN INSTAGRAM ACCOUNT, TIKTOK ACCOUNT, CASH APP ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A “PROTECTED” INSTAGRAM ACCOUNT MAY NOT BE ABLE TO SEND ENTRIES. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY META PLATFORMS, INC. (“INSTAGRAM) OR TIKTOK, INC.
THE CONTEST WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATIONS AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) AS DIRECTED IN A NOTICE FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION). AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES (THE "OFFICIAL RULES"), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THERE MAY BE A RISK ASSOCIATED WITH CONSUMING SOUR GUMMY CANDY. SOUR GUMMY CANDY CAN AFFECT YOUR TOOTH ENAMEL OR CAUSE GASTRIC DISTRESS IF YOU ARE SENSITIVE TO ACIDIC FOODS. IF YOU SUFFER FROM TOOTH DECAY OR ARE OTHERWISE SENSITIVE TO ACIDIC FOODS, YOU SHOULD REFRAIN FROM CONSUMING.
The 1Up Sour Challenge (the "Contest") is sponsored by Block, Inc., formerly known as Square, Inc. (“Sponsor” or “Cash App”), 1955 Broadway Street, Suite 600, Oakland, California 94612. The Contest is not open to Arizona residents. The Contest is open only to legal residents of the United States, who are at least thirteen (13) years of age and the age of majority in their state of residence on the date of entry and who have an Eligible Cash App Account. Anyone between the ages of 13 and 17 or who is under the age of majority in their State of residence on the date of entry (a “Minor”) must obtain the permission of his or her parent or legal guardian (“Parent”) to enter and to redeem a Prize. An “Eligible Cash App Account” means a Cash App account that has been issued a Cash App Card, has successfully completed identity verification steps and has a physical address on file, or in the case of a Minor, an “Eligible Cash App Account” is one where the account has been authorized by a Parent that has successfully completed identity verification steps. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
2. CONTEST PERIOD
The "Contest Period" begins at 12:00 pm Eastern Time ("ET") on May 17, 2023 and ends at 12:00 pm ET on August 17, 2023.
3. HOW TO ENTER
To participate and enter this Contest, eligible individuals ("Entrants") will need a Social Media Account. If Entrants do not already have a Social Media Account, Entrants may visit www.instagram.com or www.tiktok.com to create a Social Media Account; creating a Social Media Account is free. By submitting Entrant's information and creating a Social Media Account, Entrant will be required to agree to the Instagram or Tiktok terms of service and privacy notice. If an Entrant does not agree to the Instagram or TikTok terms of service and privacy notice, Entrant cannot create a Social Media Account. Once a Social Media Account is set up, it must be set to "public".
To enter the Contest by participating in the challenge, Entrants must purchase a 1Up sour gummy at 1upcandy.com and (1) create one video keeping the sour gummy in their mouth for 30 seconds and (2) include their cashtag and the hashtag #1UpSourChallenge (an "Entry"). Entrants and Prize Winners should consult with their tax advisors for the tax implications of participating in the Contest.
FREE ALTERNATE METHOD OF ENTRY: No purchase is necessary to participate. An Entrant may alternatively enter this Sweepstakes through a free alternative means of entry by submitting their full legal name and cashtag to firstname.lastname@example.org during the Sweepstakes Period. In the event you are chosen as a winner we will email you back on or around August 17, 2023 with instructions about how to claim your prize.
All Entrants are limited to one (1) AMOE Entry during the entire Sweepstake Period. Limit of one (1) Automatic Method of Entry or one (1) AMOE per Entrant during the entire Sweepstake Period.
NOTE ABOUT INSTAGRAM AND TIKTOK
Contest Entities are not responsible for any changes or unavailability of Instagram's or TikTok’s service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Instagram or TikTok for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via Instagram or TikTok in which case Sponsor, in its sole discretion, may terminate or modify the Contest. It is a potential winner's responsibility to set his/her Social Media Account to accept contact by Sponsor and to timely check such account for any Sponsor direct messages.
4. WINNERS SELECTION
All Entries will be judged by a panel of judges (“Judges”) selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated: (a) creativity: 33 1/3%, (b) humorousness 33 1/3%, and (c) craft showcasing Cash-Appyness: 33 1/3%. The entries that receive the highest total score, calculated among all judging criteria will be the potential "Winners", subject to verification. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie. All of the Judges’ decisions are final and binding in all matters relating to this Contest.
5. WINNER NOTIFICATION
Sponsor reserves the right to contact Entrants for verification purposes and administration of the Contest. Winners will be notified by receiving a cash prize directly into their Cash App Account on or around August 17, 2023 (a “Winner Notification”). Any prize or Contest-related communication shall be rejected if a Winner does not respond according to Sponsor's instructions. As a condition of entering the Contest and if required by the Sponsor, each Entrant agrees to complete, execute, and return a notarized affidavit of eligibility and publicity, liability and other releases (unless prohibited by law) (collectively, the "Affidavit") and any required tax documents without alteration and within such time period specified by Sponsor (which may require providing Winner's Social Security Number for tax purposes) or the Entrant will forfeit the Prize and an alternate winner may be selected as described below. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. The Affidavit is subject to verification by Sponsor.
If any Winner Notification or other Contest communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner cannot attend or participate in any portion of the Prize, or if the potential Winner fails to respond to a Winner Notification and/or to sign and return the Affidavit (if required) within the time periods required by Sponsor, the Prize will be forfeited in Sponsor's sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to five (5) alternate winners for the Prize, at which point the Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
Five (5) Winners shall each receive $500 USD each, sixty (60) people will win $250 each, and two hundred fifty (250) people will win $50 each (each a “Prize Winner”).
Approximate retail value ("ARV") of all the Prizes is $30,000.
The value of this prize may constitute taxable income and winners are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state, and local). Winners may be required to provide upon the request of the Sponsor certain information to facilitate receipt of the prize, including completing and submitting any tax or other forms (including but not limited to Form W-9), necessary for compliance with applicable withholding and reporting requirements. Under applicable law, Sponsor may issue an Internal Revenue Service Form 1099 (or other appropriate form) that reflects the value of the prize.
The Prize will be delivered to the Winners’ Cash App account.
All Prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. Sponsor is not responsible for and Winners will not receive the difference, if any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. Expenses, including taxes, as well as any other expenses not specified in these Official Rules as being provided as part of a Prize, are the sole responsibility of the applicable Winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen Prize or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed contact information. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Winner will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of any Winner to accept or use any Prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor's sole discretion. If for any reason any prize-related event is delayed, cancelled, or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Contest in its sole discretion and may award a substitute prize of equal or greater value. No more than the stated prizes will be awarded. Each Winner agrees that if requested, Winner must complete, sign, have notarized, and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor. Once selected by the Winner, guests cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
7. LICENSES AND APPROVALS
By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Contest. In addition, by submitting an Entry in this Contest, Entrant grants the Contest Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto. The license and rights granted by Entrant may include, without limitation, on-location appearances and any photographs, videos, or other materials Entrant provides to Sponsor. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted herein and Entrant waives any right to inspect or approve any such use. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT'S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANT'S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST AS WELL AS USED IN ANY AND ALL MEDIA AT THE DISCRETION OF SPONSOR AS A PART OF PARTICIPATING IN THE CONTEST AND THE OFFICIAL WINNER NOTIFICATION.
8. LIMITATION OF LIABILITY
The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention; (e) technical or human error that may occur in the administration of the Contest or the processing of Entries; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant's email account. Sponsor is not responsible, and may disqualify Entrant, if his or her email address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, Entrant's sole remedy is another Entry in the Contest.
AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE CONTEST ENTITIES, INSTAGRAM, TIKTOK, SUTTON BANK, VISA, INC. AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR UNITED KINGDOM ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
9. ADDITIONAL DISCLAIMERS
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Winner or any person claiming through such entrant or Winner for failure to supply the Prize or any part thereof in the event that any of the Contest activities or the Releasees' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
10. BINDING ARBITRATION
You and Cash App agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST CASH APP. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Cash App agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Official Rules. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Cash App should be sent by mail to Block, Inc., Attn: Arbitration Provision, PO Box 427069, San Francisco, CA 94142. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party elects small claims court, the dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City and County of San Francisco, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “Desk/Documents Only” arbitration) (the “AAA Rules”), including Rule D-3(b), except you and Block will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, and for disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Official Rules (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA but before an arbitrator has been selected, the other party can send a written notice to the opposing party that it wants the Dispute decided by a small claims court. After receiving this notice and consistent with Consumer Rule 9, the AAA will administratively close the case.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Cash App values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Cash App also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after entering this Sweepstakes. The Opt Out must be mailed to Block, Inc., Attn: Arbitration Provision, PO Box 427069, San Francisco, CA 94142 (please note that any correspondence not related to opting out sent to this PO Box will not receive a reply). For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Official Rules, Cash App Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
11. GENERAL RULES
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor's decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account of record for the account submitting an Entry during the Contest Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor's sole discretion. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor's satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor's sole discretion Any damage made to the Instagram or TikTok service will be the responsibility of the registered account holder of the email address for the Social Media Account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
12. OFFICIAL RULES AND WINNER LIST
For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to "1Up Sour Challenge”, ATTN: Official Rules (or "Winner's List") Request, 1955 Broadway Street, Suite 600, Oakland, CA 94612." Rules requests must be received no later than one (1) month after the end of the Contest Period and winner's list request must be received within three (3) months of the end of the Contest Period. Vermont residents may omit return postage for rules request.