TERMS

Offer:

1. Using the Smartwool Second Cut Resale Program Offer, prepare and submit a “Clean Out Kit” to ThredUP comprised of gently used women’s and/or child’s apparel and/or accessories between 9/22/2023 at 12:00:01 a.m. ET and 9/22/2024 at 11:59:59 p.m. ET.

1. If ThredUP sells item(s) in your “Clean Out Kit,” you will receive a promotional Smartwool egiftcard for the sale price plus a 15% premium.

Important Restrictions:

A. Validity.

Valid in the United States only.  Void where taxed, restricted or prohibited by law.

Must be a legal U.S. resident, 18 years of age or older.

B. Participation.

To participate in the Smartwool Second Cut Resale Program Offer (“Offer”), you must access ThredUP via the designated website, https://smartwool.com/thredup (“Website”). If ThredUP is accessed other than via the Website, you may still use the ThredUP platform but this Offer will NOT be available to you.

By participating in this Offer, you agree to fully comply with these Terms and to the decisions of Smartwool and ThredUP, which are final and binding in all respects and not subject to appeal.

When participating in this Offer, you must comply with all instructions of ThredUP set forth on the Website, including but not limited to use of the free shipping label/“Clean Out Kit” available  to submit your apparel/accessories.  Such instructions as well as the terms and conditions of www.thredup.com are made a part of these Terms and incorporated herein by reference; and, the instructions/terms and conditions of www.thredup.com shall prevail, govern and control in the event of any inconsistency between these Terms and such instructions/terms and conditions of www.thredup.com. 

Only gently used women’s and child’s apparel and accessories (Smartwool or any other brand) may be submitted in a “Clean Out Kit.” You may include multiple qualifying apparel and/or accessories in a “Clean Out Kit,” subject to the following limitations: (a) “Clean Out Kit” cannot weigh more than thirty (30) pounds and (b) if “Clean Out Kit” includes a box, the box cannot exceed twenty-seven inches (27”) in length, seventeen inches (17”) in width or seventeen inches (17”) in height.  ThredUP will not take delivery of “Clean Out Kits” which are in violation of the above limitations. If ThredUP takes delivery of “Clean Out Kit,” ThredUP will inspect submitted apparel/accessories and determine if they are  acceptable for re-sale in its sole and absolute discretion with such determination not being subject to appeal.** If deemed to be acceptable by ThredUP, ThredUP will list the submitted apparel/accessories for re-sale on its platform for a designated (30) day listing period (to be determined by ThredUP in its sole discretion). ThredUP will control any and all aspects of the quality inspection of submitted apparel/accessories and, if deemed to be acceptable, the pricing, listing and fulfillment of sales of submitted apparel/accessories. By submitting a “Clean Out Kit,” you understand and agree that ThredUP will use commercially reasonable efforts in performing all of the foregoing functions; and, ThredUP as well as Smartwool make no guarantee, warranty or promise of any kind as to same including without limitation any guarantee that a listed item will be sold at the designated price.

**If ThredUP takes delivery of “Clean Out Kit” but submitted apparel/accessories are not deemed to be acceptable by ThredUP for any reason (including if not in usable/saleable condition), you will NOT be notified of such decision and the unacceptable apparel/accessories will be forfeited by you and not returned. Such unacceptable apparel/accessories then become the sole property of Smartwool and ThredUP to retain or dispose of as they wish. Smartwool and ThredUP disclaim any and all liability in conjunction with any such unacceptable apparel/accessories.  Do NOT submit apparel/accessories in a “Clean Out Kit” unless you are prepared to relinquish and forfeit any and all right to same without compensation or consideration of any kind.

Smartwool egiftcard will ONLY be issued if (a) apparel/accessories are submitted via the Website and thereafter determined by ThredUP to be acceptable AND (b) sold by ThredUP during the designated thirty (30) day listing period.  If either of these conditions are NOT satisfied, Smartwool egiftcard will NOT be issued and Smartwool and ThredUP will not have any liability or obligation to you under any legal theory.

You will be notified via e-mail of the start date of the thirty (30) day listing period if and only if your submitted apparel/accessories in a given “Clean Out Kit” are determined by ThredUP to be acceptable.  If your submitted apparel/accessories in a given “Clean Out Kit”  are thereafter sold during the listing period, you will receive a follow-up e-mail with the Smartwool egiftcard within  fourteen (14) days following the completion of the sale of the apparel/accessories in the “Clean Out Kit”. Such follow-up e-mail will include the sale price (if more than one [1] apparel/accessory item from a given “Clean Out Kit” is sold, the follow-up e-mail will be sent after the later/latest of such sales). However, if accepted apparel/accessories from a given “Clean Out Kit” are listed but NOT sold, you will NOT be notified and such apparel/accessories will be forfeited by you and not returned as if they were not deemed acceptable as discussed above.

The value of the Smartwool egiftcard will be based on the sale price as determined by ThredUP in accordance with its procedures and policies.  Smartwool will “boost” the value of the egiftcard by adding a premium of fifteen percent (15%) to its value. By way of example, if the sale price of apparel/accessory items is $100, the value of the Smartwool egiftcard will be  $115.

Smartwool reserves the right to withhold egiftcard in the event of consumer fraud of any kind.  In such case, Smartwool and/or ThredUP further reserve the right to pursue legal sanctions against the individuals suspected of such fraudulent activities.

C. Additional Restrictions.

Opportunity to participate in Offer is not transferable and not to be re-published.

Smartwool egiftcard is subject to terms and conditions of use, which may differ from those applicable to purchased Smartwool egiftcard(s). The terms and conditions can be found at https://smartwool.cashstar.com/self_service/v2/about/terms_and_conditions./ Be sure to carefully review the terms and condition of use of promotional Smartwool egiftcard before attempting to redeem same. Without limitation, promotional Smartwool egiftcard may expire and/or be subject to dormancy and/or service fees.

Like purchased Smartwool egiftcard(s), promotional Smartwool egiftcard cannot be redeemed for cash value (except where required by law) and is not reloadable.  

Once Smartwool egiftcard has been provided to participant, it becomes the sole responsibility of participant. The egiftcard will only be replaced if participant provides Smartwool with proof of receipt of same (that is, follow-up e-mail from ThredUP which included Smartwool egiftcard). If participant cannot furnish such proof (or if such proof is provided but is not acceptable to Smartwool), Smartwool, CashStar, Inc. (the distributor of Smartwool egiftcards) and ThredUP will not have any liability under any legal theory.

Smartwool, CashStar, Inc. and ThredUP assume no responsibility for any computer, telephone, cable, network, electronic, programming or wireless Internet hardware or software malfunctions, failures or errors of any kind in conjunction with this Offer. The preceding includes but is not limited to late, lost, undeliverable, delayed, inaccessible or corrupted e-mail transmissions including the Smartwool egiftcard; for example, e-mail transmissions classified as “SPAM” or “Junk” by the participant’s e-mail service provider. Smartwool and ThredUP are also not responsible for late, lost, misdirected, delayed, damaged, undeliverable “Clean Out Kits” or for apparel/accessories included in same which are received by ThredUP in damaged or compromised condition.  

If circumstances beyond the control of Smartwool and/or ThredUP (that is, a force majeure event, such as a pandemic/epidemic, strike, civil unrest, natural cataclysm, materials shortage, equipment failure/malfunction/error or tampering/unauthorized intervention) interferes with or prevents altogether Smartwool’s and/or ThredUP’s implementation of the Offer as originally intended (as determined by Smartwool/ThredUP in their sole discretion), Smartwool may in its sole discretion, modify, suspend or terminate the Offer. In any such event, notice to such effect will be posted on www.smartwool.com/thredup.   

By participating in Offer, participant releases, discharges, indemnifies and holds harmless Smartwool, CashStar, Inc., ThredUP, their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies; as well as the officers, directors, employees, representatives and agents of each of the foregoing, from and against any claims, damages or liability due to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, from the Offer as well as the acceptance, possession, receipt, use/misuse of the Smartwool egiftcards (if and as applicable). 

Sponsor: Smartwool, a division of VF Outdoor, LLC, Denver, CO 80202