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UPENDS Giveaway Terms & Conditions

31st Jul 2020 | 222 | Snow

The Promoter is: UPENDS of1202, B3 Building, NO.15 Keyuan RD, Nanshan District, Shenzhen, China.

  1. The competition is open to entrants aged 21 years or over, except employees of UPENDS, and their close relatives (mother, father, sister, brother, wife, husband, civil partner, daughter, son, grandparent, grandchild, parent-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, step parent, step child, step sister, step brother, foster child, legal guardian, domestic partner or fiancé/fiancée), and anyone otherwise connected with the organisation or judging of the competition.
  1. The competition to win the Gold Prize (China trip) is open to residents of all countries where vaping is not restricted or outlawed. Travelling dates to be discussed between winner and UPENDS
  1. The competition to win the Silver Prizes is open to residents of the United Kingdom, to mark our official launch in the UK.
  1. There is no entry fee and no purchase is necessary to enter this competition. Purchasing or owning an UPENDS product does not improve chances of winning. However, internet access is required.
  1. Entrants are free to unsubscribe from the mailing list at any time.
  1. By participating, the Entrant agrees to be fully unconditionally bound by these terms and conditions, and that they represent and warrant that they meet the eligibility requirements. In addition, they agree to accept the decisions of The Promoter as final and binding as it relates to the content of this Campaign.
  1. The competition and these Terms and Conditions are governed by Chinese law and shall be subject to the exclusive jurisdiction of the courts of China
  1. To Enter: Entrants must submit their email address to be eligible for silver prizes, or fully complete the form at https://www.upends.com/pages/win and answer the question “In your opinion, what features does an ideal vape pen include?”
  1. This Campaign is open only to those who enter via the form at https://www.upends.com/win  The Campaign is void where prohibited by law.
  1. Only one entry will be accepted per person. Multiple entries will be disqualified.
  1. Promotional Period: Enter between 12:00 (GMT) on 22/06/2020 and 23:59 (GMT) on 31/07/2020. After this date no further entries to the competition will be permitted.
  1. All valid entries will be judged by a panel of judges, in accordance with the following criteria:
    • How well each entry of 25 words or less identifies with the UPENDS Next-Level brand message and mission.
    • Creativity
    • Originality and individuality 
  1. The panel of judges will consist of:
    • Gavin
    • Robinson
    • MIC Team:
  1. Prizes:
    • 1. 1 x Gold Prize winner will receive: Personalised Uppen vape kit, and a trip to Shenzhen for a tour of the UPENDS high-tech facilities and to meet the team, plus free to choose one China scenic spot for travel.
        • Day 1: Winner arrives, hotel check-in, dinner
        • Day 2: Tour of UPENDS facility, meet the team
        • Day 3-5: China tour, cenic spot, Beijing
        • Day 6: Winner leaves
    • 2. 150 x Silver Prize winners will receive: Vape pen + pod pack
    15. Further Gold Prize details:
      • The winner will be contacted within 10 working days of prize acceptance to arrange fulfilment of the prize.
      • For the avoidance of doubt, the Gold Prize does include travel/transportation/visa, but not food, beverages, souvenirs, gratuities, car parking charges, additional excursions and attractions or any other costs of a personal nature (including spending money) that are not explicitly set out in these Terms and Conditions and neither the Promoter nor any provider of any part of the Prize will be responsible for any such costs.
      • All elements of the Gold Prize package must be taken as part of the same trip.
      • The Gold Prize winner is responsible for their behaviour whilst taking the Prize. The Promoter reserves the right in its absolute discretion to exclude the winner from participation in any aspect of the Prize if the winner fails to comply with the directions of the Promoter or any companies associated with the Prize or if the winner acts in a manner that is dangerous to themselves or to the public or is, in the opinion of the Promoter, anti-social in any manner or which causes a disturbance or nuisance to others.
      • The Gold Prize winner should ensure that they have a valid passport for international travelfor at least 6 months on date of travel, have applied for and received a visa for travel to China, are fully insured for the trip, and are not prohibited from travel to China for any reason.
      • Any necessary travel insurance is the responsibility of the winner.
      • Arrangements for flights will be made in discussion with the winner.
      • Flights may be overnight so the winner may be required to depart or arrive in their home country either side of the specified trip dates.
      • Tickets are non-refundable and non-transferable;
      • The winner must abide by and are subject to the Airline’s published Conditions of Carriage;
      • Once tickets have been issued, they are only valid for flights, dates and times shown;
      • Travel must be taken at the stated times; no alternatives are available. Name changes to the flight seats once confirmed are not permitted;
      • If a booking is cancelled by the winner, no alternative tickets will be issued and for the avoidance of doubt, no compensation and/or refund will be provided;
      • Lounge passes and upgrades are not permitted;
      • Frequent Flyer points cannot be accrued on the flight tickets. An upgrade cannot be purchased on these tickets with cash or Frequent Flyer points;
      • Flight extras are not included in the prize (flight extras include, but are not limited to, on-board meals and drinks);
      • The winner will not be entitled to any compensation and will have no claim against the Promoter if a flight, or any other element forming part of the prize is delayed, postponed, rescheduled or cancelled.
      • A valid credit or debit card will be required to check in to the winner’s accommodation and will be used to guarantee any incidentals such as in-room calls or services.
    1. Further Silver Prize Details:
      • The Promoter shall take all efforts to ensure the shipping cost is covered so that the Silver Winners may receive their prize at the address of their choice, however The Promoter cannot be held responsible for unexpected charges and taxes.
      • Silver prizes will be shipped within 6 working weeks of receiving the winners’ delivery address.
    1. Winner Selection: All valid entries will be entered into the competition to select 151 winners. Judging of all valid entries will take place in a location of the judge’s own convenience, within 3 working weeks of the end of the Promotional Period.
    1. Winner Notification: The winners will be contacted via the email address that they entered the promotion with, within 7 working days of the Winner Selection and will be required to respond to confirm eligibility and acceptance of the Prize, within 7 working days of initial contact. In the event that the winner does not respond to the initial contact within 7 working days, the Promoter reserves the right to disqualify them. If the winner is disqualified, the Promoter reserves the right to award the prize to a reserve selected in the same manner. The reserve winner may have less time to respond.
    1. Winners will be responsible for any applicable taxes related to the acceptance of any Prize. If a winner is a resident of the USA, they must complete, sign, and return an IRS Form W-9 and provide their social security number prior to receiving their prize. The W-9 and any associated information will only be used for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service, as required by law.
    1. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligations.
    1. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
    1. The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
    1. Under no circumstance is The Prize transferable or exchangeable and it cannot be redeemed for monetary value or for any other form of compensation. The winner is strictly prohibited from selling their Prize to any other person. If for any reason the Prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value.
    1. The Promoter shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. No responsibility can be taken for entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt.
    1. The Promoter may refuse to award a Prize, or seek its recovery, in the event of an entrant's fraud, dishonesty or non-entitlement under these Terms and Conditions.
    1. The Entrant understands and consents that due to the laws of various territories, their surname and county may be published if they are chosen as a winner. The winner may object to their surname or country of residence being published or request for the amount of information being published to be reduced during the Winner Notification process. Subject to the winner’s consent, their surname and county will be available by emailing info@upends.com for a period of 4 working weeks following the close of the Promotion.
    1. Any and all personal data supplied for administration of this Promotion shall be used solely for the purpose of this Promotion by the Promoter and/or by any agent appointed by it to assist with running the Promotion on behalf of the Promoter and shall not be disclosed to a third party for any other purpose unless the participants’ positive consent has been obtained. Participants’ personal data will be handled in accordance with the Promoter’s privacy policy, available at: https://www.upends.com/pages/privacy-policy
    1. The competition entry form uses the 3rd partyMailchimp to process and store data. You can read about Mailchimp’s data privacy policy and handling here:

    2. By taking part in and accepting the prize, the winner grants the Promoter full, royalty-free rights to use any images resulting from the photography/video filming of them during the prize, and any reproductions or adaptations of the images for marketing, publicity, television or other purposes without payment. This might include (but is not limited to), the right to use them in their printed and online publicity, social media and press releases for up to five years. If the winner does not wish to be included, they must inform The Promoter prior to accepting the prize.
    1. The winner’s names and value of prizes will be available 7 working days after the close of judging, by emailing the following address: info@upends.com.
    1. Entry into the competition will be deemed as acceptance of these terms and conditions.
    1. The Promoter’s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
    1. The Promoter together with any associated agencies and companies shall not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using the Prize, except for any liability which cannot be excluded by law. Nothing shall exclude the Promotor’s liability for death or personal injury as a result of its negligence.
    1. By entering this competition, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of The Promoter. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless The Promoter from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which The Promoter may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
    1. The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, dishonesty, technical failures or other cause beyond The Promoter’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, The Promoter may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by The Promoter.
    1. The Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. 
    1. The Promoter has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any valid reason, including, but not limited to:
      • Multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules;
      • Or the use of bots, macros, scripts, brute force, using identities other than their own or any other automated means in order to increase that participant’s entries into the Promotion in a way that is not consistent with the rules of the Promotion or other technical means for entering.
      • Bulk entries from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries and entries submitted by macros or other automated means together with entries which do not satisfy the requirements of these Terms & Conditions in full shall be disqualified and will be not be counted.
      • Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, The Promoter reserves the right to seek damages to the fullest extent permitted by law.
    1. The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.


    Should you wish to make a complaint about this Campaign, please write to info@upends.com, or UPENDS of 1202, B3 Building, NO.15 Keyuan RD, Nanshan District, Shenzhen, China