Spring Giveaway Rules

SPRING GIVEAWAYOFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.

  1. Sweepstakes Period: The Spring Giveaway (“Sweepstakes”) will begin on or about Wednesday, April 18, 2018 at 9:00 A.M. Pacific Standard Time (“PST”), unless otherwise designated by SwimSpot Holdings, LLC (“Sponsor”), and will end on or about Wednesday, April 25, 2018 at 11:59 P.M. PST, unless otherwise designated by Sponsor (“Sweepstakes Period”). Entries submitted before or after the Sweepstakes Period will automatically be disqualified. All times determined by Sponsor’s clock.

  2. Eligibility: The Sweepstakes is open only to legal residents of forty-nine (49) states of the United States and the District of Columbia, who are eighteen (18) years of age or older as of the beginning of the Sweepstakes (void in Rhode Island, Puerto Rico, the Virgin Islands and U.S. military installations located in a foreign country). Corporations and other organizations are not eligible. Employees, agents, representatives, licensees and vendors of Sponsor, Sponsor Partners (as defined in Paragraph 8 herein), and ViralSweep and their affiliates, parent companies, subsidiaries, and their immediate family members (i.e., spouse, domestic partner, parents, siblings, children, grandparents and their spouses/domestic partners) and those residing in the same household as the individuals previously mentioned (whether related or not), are not eligible to enter or win. Sponsor’s decisions on all matters concerning this Sweepstakes, including but not limited to eligibility determinations, are final and binding in all regards. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entry or entrant. Winning is contingent upon fulfilling all requirements set forth herein. Entry in the Sweepstakes constitutes your full acceptance of these Official Rules and the decisions of Sponsor. Void in Rhode Island, outside of the United States, and where prohibited or restricted by law.

  3. How to Enter: You may enter the Sweepstakes via the internet by visiting the website https://www.swimspot.com/spring-giveaway/ (“Website”), completing the online entry form with your first name, last name, and e-mail address and clicking on the “Enter” button (“E-mail Entry”). When submitting your E-mail Entry, there will be a pre-checked box on the form with the text “Newsletter Subscribe” that will add your email address to a mailing list to receive marketing and promotional e-mails from Sponsor and Sponsor Partners (as defined in Paragraph 8 herein), and their affiliated companies, unless you opt-out of such marketing and promotional e-mails by un-checking the check box; however, it is not necessary to opt-in (i.e., check the box) to enter the Sweepstakes, nor will allowing your e-mail address to be added to the mailing list improve your chances of winning.

After submitting your E-Mail Entry a “You’re Entered!” message will appear along with a list of other actions (the “Widget”). You will have the ability to perform the following actions on the Widget in order to obtain additional entries into the Sweepstakes (“Bonus Entry” or “Bonus Entries”), although you are not required to do so: (a) visit Pura Vida Bracelets on Instagram by clicking on the designated area in the Widget; (b) visit Slippa on Instagram by clicking on the designated area in the Widget; (c) visit TanTowel on Instagram by clicking on the designated area in the Widget; (d) visit Surf & Sand Resort on Instagram by clicking on the designated area in the Widget; and (e) visit SwimSpot on Instagram by clicking on the designated area in the Widget. Each of these actions will yield one (1) Bonus Entry. Each action may only be performed once. An E-mail Entry and Bonus Entries are collectively referred to as “Entries” or an “Entry.” Normal internet access and usage charges imposed by your online service provider will apply. It is your responsibility to maintain your e-mail address, as submitted with your E-mail Entry, current in order for Sponsor to contact you in the event you are selected as a winner as described below.

  1. Entry Requirements: Illegible, late, lost, incomplete, or garbled Entries are not eligible. Participants are limited to one (1) E-mail Entry and five (5) Bonus Entries per eligible person and per email address throughout the Sweepstakes Period regardless of the method of entry (regardless of whether a person has more than one (1) e-mail address or more than one (1) person uses the same e-mail address). Any attempt to obtain more than six (6) Entries by using multiple/different email addresses, identities, or any other methods may void your Entries and you may be disqualified from the Sweepstakes. Any use of automated or programmed methods of effecting Entry is prohibited. All Entries become the property of Sponsor and will not be returned.

  2. Selection of Winner: The winner will be selected in a random drawing on or about April 26, 2018 from all eligible Entries received during the Sweepstakes Period. Odds of winning depend on the total number of Entries received. In the event that a potential winner is disqualified for any reason, or does not accept the prize, Sponsor may, in its sole discretion, award or not award the prize to an alternate winner. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry.

  3. Prize: Upon verification of eligibility and compliance with these Official Rules, the winner will receive:

(a) One (1) Sports Illustrated Secret Garden Plunge One Piece swimsuit (Style # SI33538BLK) in a size of winner’s choosing, subject to availability; (b) One (1) Pura Vida Tropical Punch Pack bracelet; (c) One (1) Pura Vida Silver Wave Ring in a size 6; (d) One (1) Pura Vida Palm Clutch; (e) One (1) TanTowel Endless Tan Kit in Classic Skin Tone; (f) One (1) Slippa.co Ohana round beach towel; and (g) A one-night stay at the Surf and Sand Resort in Laguna Beach, California located at 1555 S Coast Hwy, Laguna Beach, CA 92651 (the “Hotel Stay”).

The specifics of all elements of the prize shall be solely determined by Sponsor and/or Sponsor Partners. Any element of the prize may be subject to the terms and conditions specified by the issuer thereof. Approximate retail value (“ARV”) of the prize to be awarded is $745. Any other costs, taxes, fees, and expenses associated with prize acceptance and use of the Hotel Stay not specifically provided herein (such as, incidental charges, gratuities, upgrade fees, meals and ground transportation) are the sole responsibility of the winner. A credit/debit card for incidentals may be necessary to check-in. Prize cannot be used in conjunction with any other sweepstakes, offer, or upgrade. The Hotel Stay is subject to availability, advance booking requirements, travel restrictions, conditions, limitations and select blackout dates. The Hotel Stay cannot be used on holidays and during the months of July and August. The winner shall be subject to all terms and conditions printed on any certificate issued in conjunction with the Hotel Stay. In the event the winner is denied entry into the Surf & Sand Resort or is removed or barred from the Surf & Sand Resort for any reason, Sponsor and Sponsor Partners are not responsible and no further compensation or award will be provided. Transportation to/from the winner’s residence/hotel is not included as part of prize. The Hotel Stay may not be combined with any other offer. Winner must possess valid travel documents (i.e., a valid government-issued photo ID, passport, etc.). Winner is responsible for obtaining travel insurance (and all other forms of insurance) at his or her option and hereby acknowledges that Sponsor and Sponsor Partners have not and will not obtain or provide travel insurance or any other form of insurance. If the winner is not legally eligible for travel to the destination, the prize will be forfeited in its entirety and an alternate winner may be selected. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor and Sponsor Partners. Sponsor and Sponsor Partners shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. In the event the winner and/or his/her guest engage(s) in behavior during stay that (as determined by Sponsor and Sponsor Partners in their sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor, Sponsor Partners or any of Sponsor’s or Sponsor Partners’ services, products, trademarks, service marks, or logos, Sponsor or Sponsor Partners reserve the right to terminate the Hotel Stay early, and send the winner and/or his/her guest home with no further obligations or compensation whatsoever to winner and/or his/her guest (which may, in Sponsor’s and Sponsor Partners’ sole discretion, result in the winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s). In the event the winner or his/her guest engage(s) in behavior during stay that (as determined by Sponsor or Sponsor Partners in their sole discretion) is illegal, tortious, or subjects the winner or his/her guest to arrest or detention, Sponsor and Sponsor Partners shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or his/her guest as a result of such conduct. SPONSOR AND SPONSOR PARTNERS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF THE WINNER’S OR HIS/HER GUEST’S ACCEPTANCE OR USE OF THE PRIZE. Prize details and availability are subject to change, in which case, a prize of equal or greater value may be substituted at Sponsor’s sole discretion.
Prize is awarded “AS IS.” Sponsor and the Released Parties (as defined below in Paragraph 11) do not make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes, the Hotel Stay or any prize. Prize details and availability are subject to change, in which case, a prize of equal or greater value may be substituted at Sponsor’s sole discretion. No substitution, cash equivalent or transfer of prize is permitted except at the sole discretion of Sponsor. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Prizes consist only of the items listed. Federal, state, or local taxes on the prize, and any other costs, fees or expenses not listed in these Official Rules are the sole responsibility of the winner. The award of a prize may be subject to applicable withholding requirements. The winner may receive an IRS Form 1099 reflecting the actual final retail value of his/her prize. Any portion of a prize not accepted by a winner will be forfeited; Sponsor will not be responsible for any inability of winner to accept or use any portion of the prize for any reason. The prize will be shipped only to addresses in the United States.

  1. Winner Notification: The Sweepstakes winner will be notified on or about April 26, 2018 via the e-mail address provided by that winner to Sponsor on the E-mail Entry. The winner must respond to the notification within 72 hours of the e-mail being sent and may be required to verify his/her name, age, e-mail address, address and eligibility. The Sweepstakes winner will be required to complete, sign, and return an Affidavit of Eligibility and Liability Release, which, unless otherwise prohibited by law, must be returned within 72 hours. At Sponsor’s discretion, the winner may be required to produce picture or some other form of proper identification to claim any prize. Disqualification, forfeiture of prizes, and the selection of an alternate winner by Sponsor may result from any of the following: (a) failure of a potential winner to execute, and return an Affidavit of Eligibility and Liability Release as applicable within 72 hours of notification; (b) the return of a notification or prize as undeliverable; (c) ineligibility; (d) failure of a potential winner to respond to notification promptly after transmission; (e) failure of a potential winner to validly claim the prize; or (f) any other non-compliance with these Official Rules. In the event of prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.

  2. Privacy: Except as otherwise stated in these Official Rules, all personal information collected in connection with the Sweepstakes is subject to Sponsor’s privacy policy at https://www.swimspot.com/privacy/. In addition, Sponsor may also share personal information collected in connection with the Sweepstakes with Creative Genius Inc. dba Pura Vida Bracelets, Tantowel, Inc., Slippa, and JC Resorts LLC (collectively, “Sponsor Partners”). By entering the Sweepstakes, you agree that Sponsor may contact you to notify you if you win. By entering the Sweepstakes, you agree to the collection and use of your personal information by Sponsor and Sponsor Partners and acknowledge that you have read and accepted Sponsor’s privacy policy.

  3. General Terms and Conditions: All federal, state, and local laws and regulations apply. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Sweepstakes, including without limitation, barring and disqualifying entrants who do not comply with these Official Rules. If, for any reason, the Sweepstakes is not capable of running as planned by any cause which, in the sole opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and determine winners from Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In no event will more prizes be awarded than are stated in these Official Rules. Sponsor’s failure to enforce any provision of these rules will not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules will prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

  4. Governing Law: The terms of this Sweepstakes will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any dispute with Sponsor arising out of or relating to the Sweepstakes or the prize will be decided only by arbitration, individually and not on a class-wide basis. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California. Any claim must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.

  5. Release: By participating in the Sweepstakes, each participant (and their heirs, executors, administrators, legal successors and/or assigns) agrees to release, hold harmless, defend and indemnify the Sponsor, the Sponsor Partners, and Instagram and their affiliates, subsidiaries, parent companies, distributors, and each of their respective shareholders, directors, officers, employees, agents, independent contractors, successors and assigns (“Released Parties”) from and against any and all liabilities whatsoever for any injuries, losses, harm, damage, claims, actions, costs and expenses (including without limitation, all attorney’s fees and court costs), whether due to negligence or otherwise, arising directly or indirectly from or in connection with the receipt, use or misuse of a prize, or participation in the Sweepstakes, a Sweepstakes-related activity, the Hotel Stay, or a Hotel Stay-related activity. The winner assumes all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Sweepstakes or the Hotel Stay or receipt, use or redemption of the prize.

  6. Limitation of Liability: The Released Parties are not liable for typographical or printing errors in any Sweepstakes-related materials. The Released Parties are not responsible for: (a) lost, late, stolen, illegible, ineligible, damaged, tampered with, incomplete, inaccurate, misdirected, or non-delivered Entries; (b) lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications; (c) failed computer, network, telephone, satellite, electronic, or cable hardware, software or lines, or technical failure of any kind; (d) jumbled, scrambled, delayed, or misdirected transmissions; (e) the incorrect or inaccurate capture of an Entry or other information or the failure to capture, or loss of, any such information; (f) any damage to any person’s computer or wireless device related to participating in the Sweepstakes; or (g) other errors of any kind whether human, mechanical, electronic or network. The Released Parties expressly disclaim responsibility and liability for the accuracy, availability or timeliness of information published about the Sweepstakes. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Sweepstakes, if possible. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the Entry process or operation of the Sweepstakes, may be acting in violation of the terms of the Official Rules, may be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, threaten, abuse or harass any other person, or for any other good cause as determined solely by Sponsor. Any attempt to deliberately undermine the legitimate operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents. Sponsor is not obligated to replace any lost or stolen prizes once they are in the winner’s possession. Sponsor bears no responsibility if any element or detail of the prize becomes unavailable for any reason. Should any element or detail of the prize become unavailable, Sponsor shall have no obligation to the winner aside from providing the remaining portion of the prize, minus any unavailable element or detail. The Released Parties are not responsible for any inability of any winner to accept or use any prize for any reason.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES OR THE HOTEL STAY, WHETHER FORESEEABLE OR NOT, WHETHER OR NOT THE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN ANY CAUSE OF ACTION, LIABILITY WILL BE LIMITED TO SIX HUNDRED DOLLARS ($600.00 USD), AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEES AND/OR EXPERTS’ FEES AND COSTS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. Winner’s List: For the identity of the winner, available after the winner has been verified, send a self-addressed, stamped envelope to: SwimSpot, 2692 Dow Avenue, Tustin, CA 92780, Attn: Spring Giveaway, after April 26, 2018, but before July 31, 2018.

  2. Sponsor: SwimSpot Holdings, LLC, 2692 Dow Avenue, Tustin, CA 92780. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

These Official Rules are subject to change without notice.