Win Free Gas
for a Year

a.

Who Qualifies. You must be a legal U.S. resident over 18 years old (or the age of majority in the jurisdiction of residence, whichever is older) as of the date of entry. The All the Fills Contest (this “Contest”) is void in Puerto Rico, other United States territories, outside the United States, and where prohibited by law. Employees, officers and directors and their immediate family members (spouse or biological, foster, adoptive, or step-mother, father, sister, brother, daughter or son and each of their respective spouses, whether actual or purported) wherever they may live and others living in their same household (whether related or not) of Sponsor and Collier Simon, Inc. and each’s parent company, subsidiaries, affiliates, suppliers, agencies or of any entity involved in the development, production, implementation or offering of the Upside App (“App”) or this Contest are not eligible to enter the Contest or win the prize.

b.

Contest Period. Contest begins on February 13, 2024 at 12:01 a.m. EST and ends on March 22, 2024 at 11:59 p.m. EST (“Contest Period”).

a.

Maintain an active Upside account on the App from the time of your first Submission (defined below) until prizes are awarded. If you do not have an Upside account or the App: you may download the App for free on your Apple® or Android™ device. Any winnings will be distributed as Upside cash rewards in your Upside account after the terms and conditions are met. Upside accounts are free.

b.

Post on Facebook, Instagram, X, TikTok and/or YouTube Shorts (“Social Media Platform”) through your own account on that platform (“Social Media Account”) and show us why Upside gives you all the feels (“Submission”) — this can be anything from doing a cash back happy dance to spending your earnings on something extraordinary.

c.

Tag @Upside and use the hashtag #allthefills on the Submission.

d.

Your post must be set to a public setting during the Contest Period and until prizes are awarded.

e.

Do not change your Social Media Platform handle during the Contest Period until prizes are awarded.

f.

You may upload one (1) Submission in a calendar week; any additional Submissions received from you will be void until the following calendar week. Multiple entrants are not permitted to share the same Social Media Account.  You may however enter the same Submission on multiple Social Media Platforms. Any attempt to obtain more than the amount of Submissions allowed using multiple/different accounts, identities, registrations and logins, or any other methods will void your Submissions and you may be disqualified. If there is a dispute about a Submission, the authorized account holder of the first Social Media Platform account to submit the Submission will be deemed to be the entrant. Entrants may be required to show they are the authorized account holder. Released Parties (as defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms.

g.

Entry requirements as determined by Sponsor in its sole discretion must:

a.

Submissions are judged by a panel of judges chosen by Sponsor using a rubric and updated continually based on the following criteria:

The entrants with the highest scoring Submission will be offered the prizes (“Potential Winners”). For each winner spot, Sponsor will select one alternative winner. In the event of a tie, the entrant whose Submission received the highest score for Originality and Entertainment, as determined by the judges in their sole discretion will be deemed the applicable potential winner from among the tied entrants. Sponsor will not disclose judging scores.

b.

Grand prize winners will receive $2,500 in Cash Back rewards, deposited in their Upside account. Weekly winners will receive $200 in Cash Back rewards, deposited in their Upside account. Cash Back rewards are subject to Upside’s Terms of Service, available here.

c.

Potential winners are determined based on standing at 1:00 pm Eastern time on the times below:

d.

Five potential grand prize winners will be selected based on standings calculations for enteries made as of March 22, 2024 at 11:59 pm Eastern.

e.

Prize winners will be announced as follows:

f.

An entrant can only win one weekly prize, but he or she may win both a weekly prize and a grand prize.

g.

Potential winners will be notified by @Upside through the Social Media Platform of the posting.  If a potential winner posted the Submission on more than one Social Media Platform, @Upside will notify him or her on at least one of the Social Media Platforms.  Potential winners will be required to fill out a form confirming eligibility (i.e., name, date of birth, address, etc.) and sign an Affidavit of Eligibility, Waiver of Liability and Release, Publicity Release Form (where allowed), and License grant (collectively, “Eligibility Documents”) within four (4) days of us attempting to contact you.  The form will be sent via electronic signature service.   

h.

An alternate potential winner is chosen for every potential winner slot and if a potential winner does not meet the requirement of these Rules, alternates will be contacted in order of highest points to lowest points. Alternative winners will receive $50 in Cash Back rewards if they submit the Eligibility Documents and comply with these Rules but are not selected.

i.

If a Potential Winner of any prize cannot be contacted or fails to provide the Eligibility Documents (including a signed documents, where applicable) within the required time period, the Potential Winner forfeits the prize. If a Potential Winner is disqualified for any reason, the prize may be awarded to alternate based on the judging procedure outlined above. Sponsor will use reasonable good faith efforts to award all prizes by following the winner process described above. If in Sponsor’s sole discretion, it does not receive a sufficient number of eligible and qualified Submissions or is unable to award all prizes, Sponsor will donate the cash equivalent of any unclaimed prizes towards its sustainability initiative by using the funds to purchase additional carbon dioxide offset credits, donate it to charity towards prevention of food waste, or donate it to a charity of its choosing.

Prizes are nontransferable, and no substitutions will be made except at Sponsor’s sole discretion. Prizes will be distributed as Cash Back rewards to the entrant’s Upside account which the winners can redeem or otherwise use in accordance with Upside’s Terms of Service. Awarding of all prizes is subject to verification of eligibility, submission of all required Eligibility Documents within the stated timelines, matching to your Upside account for prize deposit and compliance with these Official Rules and applicable laws, rules and regulations. Sponsor reserves the right to request, in its sole discretion, and entrant agrees to cooperate with Sponsor’s request to have a background check done on any Prize winner to determine eligibility.

By receipt of any prize, each winner agrees to release and hold harmless the Sponsor and the Social Media Networks and, their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Content or receipt or use or misuse of any prize.

Each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the winning Submission including all publicity and moral rights contained therein, and all renewals and extensions of copyright (including the right to create derivative products), and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each waiver accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties and any licensee of Sponsor against all third party claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

a.

Likeness and Waiver.  By accepting the prize, except where prohibited by law, winner agrees to the use of his/her name, address (city, state), Upside account, likeness, photograph, other indicia of persona and/or statements made by winner regarding the prize, the Contest or the Sponsor for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant indemnifies, releases and agrees to hold harmless Upside, the Social Media Networks and their parent company, subsidiaries, affiliates, suppliers, agencies, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability (including reasonable attorney fees) arising from or relating to participating in the Contest, any Contest-related activity and/or acceptance, breach of these Rules (including spamming activities), and receipt, possession or use/misuse of the prize (including payment of applicable taxes). Sponsor reserves the right, at its sole discretion, to disqualify from the Contest any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Contest, the App or any website; to be acting in violation of the Rules (including Upside’s Terms) or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Such other actions may include but are not limited to prohibition from participation in future contests and other promotions offered by Sponsor or revocation of your Upside account (if applicable).

b.

Limitations of Liability.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOU WAIVE ALL RIGHTS TO ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THE CONTESTS OR THE PRIZE. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM LIABILITY TO YOU UNDER THESE RULES (BESIDES PAYMENT OF THE PRIZE IF YOU HAVE WON PURSUANT TO THE RULES) WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT OF POCKET DAMAGES NOT TO EXCEED $10.Upside will use good faith in administrating the Contest, but you acknowledge that the Contest process and winner determination may be imperfect, contain errors and that Sponsor’s determination is final and binding. 

c.

Warranty Disclaimer.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE CONTESTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

d.

Errors. It is your sole responsibility to ensure that you have complied in full with all conditions and requirements contained in these Rules. Sponsor's computer is the official clock for purposes of the Contest. Sponsor assumes no responsibility for: (a) any incomplete, incorrect or inaccurate information, whether caused by humans or bots, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sponsor or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the App, any website, receipts, the Social Network Platforms or entries (including failure of an uploaded receipt to result in entry even if otherwise valid); (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail transmission on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (d) for injury or damage to entrant's or to any person's computer or mobile device (or any information/materials stored therein) related to or resulting from downloading/uploading materials from/to the App, any web site or participating in the Contest; (e) misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, and/or delayed computer transmission; (f) unauthorized third party use of any Submission. Sponsor also assumes no responsibility for late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions, receipts or entries, regardless of cause; and, all of the foregoing are void.

e.

Force Majeure. If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and select the prize winner from among all eligible Submissions received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on https://www.upside.com/all-the-fills-contest.

Sponsor will only use personal information for purposes of the administration of the Contest and in accordance with Sponsor’s Privacy Policy which is available here. You hereby consent to such use. Please note that you will also be subject to the privacy policies of the applicable Social Media Platform and electronic signature service (Sponsor uses DocuSign).

Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and Social Media Platforms and their rights to seek or obtain injunctive or equitable relief, any claim, dispute or controversy (whether in contract, tort or otherwise) that you may have against Sponsor, its affiliates, representatives, directors, agents or employees arising out of, relating to or connected in any way with the Contest or these Rules will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to AAA’s Consumer Arbitration Rules (“Rules and Procedures”).
‍
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.  The arbitration will be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for you), or at such other location as may be mutually agreed to by you and Sponsor.  The arbitrator's decision will be controlled by the terms and conditions of these Rules and any of the other agreements referenced herein that you may have entered into in connection with the Contest. The arbitrator will apply Delaware law for claims against Sponsor consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law.  

‍There will be no authority for any claims to be arbitrated on a class or representative basis as you and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only your or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; provided that AAA’s rules on Mass Arbitration Supplementary Rules apply in the event of mass Arbitration.  In the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; andWith the exception of class or representative action prohibition above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the prohibition on class or representative action is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision will be null and void, and neither you nor Sponsor be entitled to arbitrate their dispute. To the fullest extent allowable under law, in such instance Delaware law will continue to apply to these Rules (without giving effect to its conflict of law provisions) and the parties will bring any such action in the courts located in Washington, D.C. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Sponsor are required to arbitrate their claims against one another. For more information on AAA or AAA Rules and Procedures, visit the www.adr.org.

The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained here. Headings and captions are used in these Rules solely for ease of reference and will not be deemed to affect in any manner the meaning or intent of these Rules. These Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.

For the winners list (first name, last initial; state), send an email message to contests@upside.com with ALL THE FILLS CONTEST WINNER LIST in the subject line. Requests must be received no later than April 30, 2024.