#SwimSpotXHaydenReis Contest

SwimSpot & Hayden Reis Instagram contest

It's time for an Insta-giveaway! We’ve partnered with Hayden Reis to give you a jump start on your summer wardrobe. One lucky lady will win this Hayden Reis beach bag & a swimsuit from SwimSpot.com!



TO ENTER: Follow @swimspot & @haydenreis on Instagram. Then, leave a comment & tell us why you want to win! Official rules below:

Hayden Reis & SwimSpot Spring 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 Monday, May 4, 2015 at 10:00 AM Pacific Standard Time (“PST”), unless otherwise designated by SwimSpot Holdings, LLC or Hayden Reis, LLC (“Sponsors”), and will end on or about Friday, May 8, 2015 at 4:00 PM PST, unless otherwise designated by Sponsors (“Contest Period”). Entries submitted before or after the Contest Period will automatically be disqualified. All times are determined by Sponsors’ clock.

  2. Eligibility: The Contest is open only to legal residents of the fifty (50) 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 Contest Period (void in 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 Sponsors, 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. Sponsors’ decisions on all matters concerning this Contest, including but not limited to eligibility determinations, are final and binding in all regards. Sponsors reserve the right, in their sole and absolute discretion, to disqualify any entry or entrant. Winning is contingent upon fulfilling all requirements set forth herein. Void 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.

  1. How to Enter:

    a) Log on to your Instagram account and follow @SwimSpot on Instagram; and

    b) In the comments below the most recent @SwimSpot post labeled #swimspotXhaydenreis, tell us why you should be chosen to win the prize.

Your comment constitutes your entry (“Entry”). You must follow @SwimSpot on Instagram and have a non-private Instagram account to enter the Contest and to claim a prize. By submitting an Entry, you agree to be bound by these Official Rules. You also agree that Sponsors 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. Each participant acknowledges that he/she is the authorized account holder of the e-mail address associated with the Instagram account used to make the Entry. 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) 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 Sponsors and Instagram for any losses resulting from claims of invalidity or inaccuracy of any representation and/or warranty made herein.

    Entries must be suitable for public viewing by all ages and in keeping with Sponsors’ image. Sponsors may disqualify or remove entries at any time in their 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 Sponsors 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 Sponsors 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 May 8, 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, Sponsors, in their 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 one (1) Middy Tote bag and one (1) swimsuit of the winner’s choosing from www.swimspot.com; the total retail value of the swimsuit that the winner chooses from www.swimspot.com shall not exceed $200. For the avoidance of doubt, a swimsuit shall mean: (i) a bikini set; (ii) a tankini set; (iii) a one-piece bathing suit; or (iv) a cover-up. The total retail value of the top and bottom of a set added together shall not exceed $200. Approximate retail value (“ARV”) of all prizes to be awarded is $328. Odds of winning depend on the total number of entries received. Prizes are awarded "AS IS." Sponsors 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. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsors’ sole discretion. No substitution, cash equivalent or transfer of prize is permitted except at the sole discretion of Sponsors. 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; Sponsors 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 Sponsors or Sponsors make 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 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 Sponsors’ 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 Sponsors’ judges may result from any of the following: (1) failure of a potential winner 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 Sponsors and/or Sponsors’ assignee may unconditionally use the winner’s name, photograph, images, likeness, voice, signature, biographical information, Instagram handle, 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 Sponsors’ products and/or services, in all media worldwide (including Sponsors’ 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 Sponsors’ privacy policy at https://www.swimspot.com/privacy/. By entering the Contest, you agree that Sponsors 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. Sponsors reserve the right to take such action as they deem 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 Sponsors, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Sponsors reserve the right, at their 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 Sponsors. 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 Sponsors 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, the participant agrees to release, hold harmless and indemnify the Sponsors, their 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 or a Contest-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. 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. Sponsors expressly disclaim responsibility or liability for the accuracy, availability or timeliness of information published about the Contest.

    Sponsors reserve the right, at their sole discretion, to disqualify any individual they find 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 Sponsors or their agents.

    Sponsors are not obligated to replace any lost or stolen prizes once they are in the winner’s possession. Sponsors bear 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, Sponsors shall have no obligation to the winner aside from providing the remaining portion of the prize, minus any unavailable event, element or detail.

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: Hayden Reis & SwimSpot Spring Contest, after May 8, 2015, but before July 31, 2015.

  2. Sponsors: SwimSpot Holdings, LLC, 2692 Dow Avenue, Tustin, CA 92780 and Hayden Reis, LLC, 2156 51st Street, Sarasota, FL 34234. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.

These Official Rules are subject to change without notice.