SwimSpot Festival Contest

SwimSpot Festival Contest

It’s the MOST wonderful time of the year – FESTIVAL SEASON! Want to win tickets & a festival fashion wardrobe for you & your BFF to go to the festival of all festivals in Indio, CA April 10-12?! #OBVI

To enter the SwimSpot Festival Contest:

1.Follow @swimspot on Instagram

2.In the comments, tag your BFF & tell us WHY you guys deserve to win! Be creative!

PLEASE NOTE:

+Both you AND your BFF must be following @swimspot for valid entry

+Contest ends Monday, March 30th at 3PM PST

+Open to 21+ only

+No purchase necessary

SwimSpot Music Festival Instagram Contest OFFICIAL RULES

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

  1. Contest Period: The Contest will begin on or about Wednesday, March 18, 2015 at 11:00 A.M. Pacific Standard Time (“PST”), unless otherwise designated by SwimSpot Holdings, LLC (“Sponsor”), and will end on or about Monday, March 30, 2015 at 3:00 P.M. PST, unless otherwise designated by Sponsor (“Contest Period”). Entries submitted before or after the Contest Period will automatically be disqualified. All times determined by Sponsor’s clock.

  2. Eligibility: The Contest is open only to legal residents of forty-nine (49) states of the United States and the District of Columbia, who are twenty-one (21) years of age or older as of the beginning of the Contest (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, 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 Contest, 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. Void in Rhode Island, outside of the United States, and where prohibited or restricted by law.

To participate in the Contest, you must already have or create an Instagram account. You may download the Instagram application on your mobile device to register for Instagram at no cost via http://instagram.com. Creation of an Instagram account requires you to agree to Instagram’s Terms of Use and Privacy Policy, available at http://instagram.com/about/legal/terms and http://instagram.com/about/legal/privacy, respectively. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Note: If you access Instagram on your mobile device to enter this Contest, your wireless service provider may charge you for applicable data charges. You should consult your wireless service provider regarding its pricing plans. Message and data rates may apply. You should review your mobile device’s capabilities for specific mobile application instructions. 3. How to Enter: a) Logon to your Instagram account and follow @SwimSpot on Instagram; b) In the comments below the most recent @SwimSpot post labeled #SSFestivalContest, tag your best friend and tell us why you and your best friend should be chosen to attend the music festival; c) Make sure the best friend you tagged is following @SwimSpot on Instagram; and d) Your tag must include @username of your best friend.

Your comment and tag constitutes your entry (“Entry”). You and the person in your Entry must follow @SwimSpot on Instagram and have a non-private Instagram account to enter the Contest and to claim a prize. The person you tag in your comment must meet the eligibility requirements set forth herein. By submitting an Entry, you agree to be bound by these Official Rules. You also agree that Sponsor and judges of the Contest will view and assess your Instagram page. Participants are limited to one (1) Entry per Instagram account, per person, and per email address throughout the Contest Period. In the event of a dispute regarding the identity of an entrant, such Entry will be deemed to be made by the authorized account holder of the e-mail address associated with the Instagram account used to make the Entry. “Authorized account holder” is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the e-mail address associated with the Instagram account used to make the Entry. Each entrant may be required to show proof of being an authorized account holder.

  1. Entry Requirements: Your Entry must: (i) be in English; (ii) be an original and exclusive work created solely by you; and (iii) must not violate or infringe the rights of any third party, including but not limited to rights of copyright, trademark, publicity or privacy. You agree to indemnify Sponsor and Instagram for any losses resulting from claims of invalidity or inaccuracy of any representation and/or warranty made herein. You must have approval from the person you tag to tag such person in your comment and you must be able to provide the express written consent of such person appearing in your comment if requested. Entries must be suitable for public viewing by all ages and in keeping with Sponsor’s image. Sponsor may disqualify or remove entries at any time in its sole discretion including, without limitation, when an Entry is inappropriate, unsuitable, obscene, or offensive. Illegible and incomplete entries are void.

  2. License to Entry: By submitting your Entry, you automatically grant to Sponsor a worldwide, non-exclusive, transferable, perpetual, royalty-free, irrevocable license to use, reproduce, modify, copy, publicly display, distribute, and create derivative works from your Entry in all forms of media now known or hereinafter devised. You represent and warrant to Sponsor that you own the Entry, or have the unencumbered legal right to it, and grant the license, in connection with this Contest.

  3. Selection of Winner and Judging: One winner will be selected on or about March 30, 2015. A panel of qualified judges will judge all eligible entries received along with each entrant's Instagram page and will select three (3) finalists based on the following criteria: (a) creativity and inspiration – 25%; (b) originality – 25%; (c) comment’s relevance to the theme of the Contest – 25%; and (d) fashion and social media savvy – 25%. B|W|R Public Relations will select one (1) Contest winner from the three (3) finalists based on the aforementioned criteria. The entrant with the highest score will be declared the winner. All decisions of the panel of judges and B|W|R Public Relations are final and binding. Odds of winning depend on the total number of entries received. In the event of a tie, the tied Entries will be reviewed by the judges and the Entry with the highest score in “creativity and inspiration” will be named the Contest winner. In the event that a potential winner is disqualified for any reason, or does not accept a prize, Sponsor, in its sole and absolute discretion, will award the prize to the Entry with the next-highest overall score, subject to verification of eligibility and compliance with these Official Rules.

  4. Prizes: Upon verification of eligibility and compliance with these Official Rules, the Contest winner will be awarded two (2) tickets to the music festival occurring in Indio, California on Friday, April 10, 2015 to Sunday, April 12, 2015 (the "Event") plus $500 worth of Sponsor merchandise. Approximate retail value ("ARV") of all prizes to be awarded is $1,784. Odds of winning depend on the total number of entries received. No travel or accommodations will be awarded or provided in connection with any prize. Winner and guest are solely responsible for travel to, from and during the Event and for accommodations. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as gratuities, meals and transportation, and incidental charges) are the responsibility of the winner and guest. Prizes are awarded "AS IS." Sponsor and the Released Parties (as defined below in Paragraph 13) 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 Contest or any prize. Event tickets are subject to the terms and conditions of the ticket issuer. 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. Prizes consist only of the items listed. Federal, state, or local taxes on prizes, and any other costs, fees or expenses not listed above are the sole responsibility of the winner. The award of a prize is subject to applicable withholding requirements. The winner will 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.

  5. Winner Notification: The Contest winner shall not disclose or announce that he/she has won the Contest publicly (including through social media) until notified by Sponsor or Sponsor makes a public announcement. The Contest winner will be notified by Instagram Direct Message. The winner must respond to the Instagram Direct Message within 72 hours of the message being sent, and may be required to verify his/her name, age, e-mail address, mailing address, postal address and eligibility. The Contest winner and his/her guest may be required to complete, sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release, which, unless otherwise prohibited by law, must be returned within 72 hours. At Sponsor’s discretion, the winner and his/her guest 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’s judges may result from any of the following: (1) failure of a potential winner and guest to execute, notarize and return an Affidavit of Eligibility and Liability/Publicity Release as applicable within 72 hours of notification; (2) the return of a notification or prize as undeliverable; (3) ineligibility; or (4) any other non-compliance with these Official Rules.

  6. Publicity: Acceptance of a prize will constitute and signify the winner's agreement and consent that the Sponsor and/or Sponsor's assignee may unconditionally use the winner's name, photograph, images, likeness, voice, signature, biographical information, Instagram handle, the Instagram handle of the person tagged in the Entry, the Entry and/or any other intellectual property materials created or submitted as any part of the Contest, in addition to any and all materials created during public relations activities related to the Contest (collectively "Publicity Materials") for purposes of advertising, publicity and trade related to Sponsor's products and/or services, in all media worldwide (including Sponsor's websites,) without further compensation or permission, except where prohibited.

  7. Privacy: Except as otherwise stated in these Official Rules, all personal information collected in connection with the Contest is subject to Sponsor’s privacy policy at http://www.swimspot.com/common/customerCare/privacypolicy. By entering the Contest, you agree that Sponsor may contact you to notify you if you win and that your Instagram handle may be used in announcing the Contest winner on Instagram and elsewhere.

  8. 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 Contest, including without limitation, barring and disqualifying entrants who do not comply with these Official Rules. If, for any reason, the Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Contest 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.

  9. Governing Law: The terms of this Contest 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 Contest or the prizes 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.

  10. Release: By participating in the Contest and the Event, each participant agrees to release, hold harmless and indemnify the Sponsor, its affiliates, subsidiaries, parent companies, distributors, Instagram, 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 Contest, the Event, a Contest-related activity or an Event-related activity (including, without limitation, related to personal injury, death, damage to property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional).

  11. Limitation of Liability: The Released Parties are not liable for typographical or printing errors in any Contest-related materials. The Released Parties are not responsible for lost, late, stolen, illegible, ineligible, misdirected, or non-delivered entries or e-mail; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications; or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure of any kind; or jumbled, scrambled, delayed, or misdirected transmissions; or computer hardware or software malfunctions, failures or difficulties; or other errors of any kind whether human, mechanical, electronic or network; or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information; or for any damage to any person’s computer or wireless device related to participating in the Contest or Event. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of website. Sponsor expressly disclaims responsibility or liability for the accuracy, availability or timeliness of information published about the Contest. 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 Contest or website, may be acting in violation of the terms of the website or the Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, threaten, abuse or harass any other person. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest 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 or in the possession of the winner’s travel companion. Sponsor bears no responsibility if any event, element or detail of the prize is canceled, postponed or becomes unavailable for any reason. Should any event, 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 event, element or detail. The winner and his/her travel companion shall be subject to all terms and conditions printed on any ticket issued in conjunction with the prize. In the event the winner and/or winner’s travel companion is denied entry into any ticketed location or is removed or barred from any ticketed location for any reason, Sponsor is not responsible and no further compensation or award will be provided.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING ENTRANTS ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. 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 a list of winners, available after all winners have been verified, send a self-addressed, stamped envelope to: SwimSpot Holdings, LLC, 2692 Dow Avenue, Tustin, CA 92780, Attn: SwimSpot Music Festival Instagram Contest, after March 30, 2015, but before May 31, 2015.

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

These Official Rules are subject to change without notice.