Miss USA Sweepstakes

2019 Nov | By

SWIMOUTLET SWEEPSTAKES (THE “SWEEPSTAKES")

 


OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC

(“Instagram").

SPONSOR: The sponsor of this Sweepstakes is Spiraledge, Inc. 1919 S Bascom Ave Campbell, CA 95008

(“Sponsor").


HOST: The host of this Sweepstakes is IMG Universe, LLC (the “Host"), 1370 AVE. OF THE AMERICAS, 20th FL.

NEW YORK, NY 10019. This Sweepstakes is governed by these official rules (“Official Rules"). By participating in

the Sweepstakes, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and

understands that the results of the Sweepstakes, as determined by Host and its agents, are final in all respects.

ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents and physically located in one (1)

of the fifty (50) United States or D.C., who are eighteen (18) years of age or older at the time of entry. Employees,

officers, and directors (including immediate family members (i.e., spouse, parent, child, sibling and their

respective spouses, regardless of where they reside) and members of the same household, whether or not

related) of the Sponsor or Host and each of their respective parents, affiliated companies, subsidiaries, licensees,

distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies

associated with the Sweepstakes are not eligible to participate or win the Prize. The “Host Entities" shall mean

the its parent, subsidiary, affiliated and related entities, and the owners, general and limited partners,

shareholders, directors, officers, employees and agents of the foregoing entities.

ENTRY PERIOD: The Entry Period Begins on or about 12:01 a.m. Eastern Time (“ET") on November 17, 2020 and

ends at 11:59 p.m. ET November 24, 2020 (the “Entry Period").

 

HOW TO ENTER: . To enter, you must have a valid, public Instagram account. If you do not have an Instagram

account, visit www.instagram.com and register in accordance with the enrollment instructions for a free

Instagram account. During the Entry Period: 1) Like the photo promoting the panel; 2) Follow @missusa

@swimoutlet (if you aren't already); 3) Tag a friend in the comments of the panel post on (@missusa)

(“Submission"). All information submitted by participants in connection with this Sweepstakesis subject to, and

will be treated in a manner consistent with Instagram terms and privacy policies. Further, all information

participants submit in connection with this Sweepstakes and agree to share with Host Entities is subject to, the

Terms of Use and Privacy Policies of Instagram. No other method of entry will be accepted.

Limit one (1) entry per person per day during each Entry Period. Additional entries beyond the specified limit,

and any entries that do not otherwise comply with these Official Rules, will be void. Host's designated computer

shall be the official timekeeper of the Sweepstakes. Subsequent attempts made by the same individual to submit

 

multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant

being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged,

destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official

Rules may be disqualified from the Sweepstakes at Host's sole and absolute discretion. Entries submitted by

entrants who do not meet the eligibility requirements (including all requirements with respect to age and

residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other

instructions of Sponsor may be disqualified.

RANDOM DRAWING AND ODDS: There will be one (1) Winner selected in this Sweepstakes. One winner will be

selected by random drawing in a commercially reasonable time following the end of each Entry Period from

among all eligible entries received by Host. Subject to verification of eligibility and compliance with the terms

of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the

“Winner"). The decisions of Host are final and binding on all matters relating to this Sweepstakes. Odds of

winning depend on the total number of eligible entries received by Host during the Entry Period.

WINNER SELECTION: All eligible entries received during the Entry Period will be gathered together into a

database at the end of the Entry Period. One potential Winner will be chosen at random from among such pool

of entries during the Entry Period. The potential Winner will be contacted after the end of the applicable Entry

Period. Announcement and instructions for obtaining Prize will be sent to the potential Winner via e-mail. Each

entrant is responsible for monitoring his/her e-mail account for Prize notification and receipt or other

 

communications related to this Sweepstakes. If a potential Prize Winner cannot be reached by Host within forty-

eight (48) hours (“Required Response Time") using the e-mail address provided during entry, that potential Prize

 

Winner shall forfeit the Prize. Upon the request of Host, the potential Winner may be required to return an

Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form (collectively, “Affidavit"). If a

potential Winner fails to comply with these Official Rules, that potential Winner will be disqualified. Prizes may

not be awarded if an insufficient number of eligible entries are received.

NOTIFICATION: The potential Winner will be notified via email by Host (the “Prize Notification") and will be

required to privately (email, or other secure means) provide his/her name, address, age and other personal

information necessary to receive the Prize. In the event that any potential Winner does not respond to any such

Prize Notification within the Required Response Time, declines the Prize for any reason a disqualification will

result, the Prize will be forfeited and, at Host's sole discretion and time permitting, an alternate potential Winner

may be randomly selected from among all remaining eligible entries. The potential Winner may be required to

submit his/her valid social security number and/or other identification to Host and may be required to execute,

have notarized and return an Affidavit. Failure to submit any identification required by Host or to return the

required documents within the specified time period, noncompliance with these Official Rules or the return of

the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize

forfeiture and, at Host's sole discretion and time permitting, may cause an alternate potential Winner to be

randomly selected from among all remaining eligible entries. The Host Entities are not responsible for electronic

communications that are undeliverable as a result of any form of active or passive filtering of any kind, or

insufficient space in entrant's email account to receive email messages.

PRIZE: The will be one (1) prize (the “Prize") . Approximate Retail Value (“ARV") of the Prize is: $500 (gift card).

 

PRIZE CONDITIONS: One (1) Prize Will Be Awarded. All Prize details shall be determined, in the sole and absolute

discretion of Host and Sponsor. No compensation will be paid in lieu of lost or Prize or cancelled event. The

Winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Host consents in

writing. Any tickets to an event are subject in all respect to the terms and conditions set forth on the tickets and

any requirements of the facility hosting the event. The Winner is fully responsible for any and all applicable

federal, state, and local taxes (including income and withholding taxes), regardless of whether they, in whole or

in part, are used. The ARV of the Prize is based on available information provided to Host and Sponsor and the

value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may

be required to provide Host and/or Sponsor with a valid social security number before the Prize will be awarded

for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the

Prize received. All costs and expenses associated with the Prize acceptance and use not specified herein as being

provided are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no

cash redemptions except at Host or Sponsor's sole and absolute discretion. Host and/or Sponsor reserves the

right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and

absolute discretion. Released Parties (defined below) will not be responsible for weather conditions, Acts of

God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that

may cause the cancellation or postponement of any Prize. Prize may not be resold or offered for resale. Any

such resale may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and

will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach a Winner

because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted

or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect

to that Prize or portion of the Prize. No more than the stated number of Prize(s) will be awarded. The Released

Parties are not responsible for and Winner will not receive the difference, in any, between the actual value of

the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related

correspondence or material. Limit of one (1) Prize per person. Limit one prize per person per year.

RELEASE: By entering the Sweepstakes and submitting an entry, each entrant releasesin perpetuity the Released

Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with

the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or

trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or

privacy. Nothing herein will obligate Host or Sponsor make any use of any of the rights set forth herein.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each

entrant agrees to: (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and

all claims against Host, Sponsor, Instagram, and each of their respective parents, affiliated companies,

subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers,

representatives and advertising and promotion agencies, and any and all other companies associated with the

Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively,

“Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from

the participation in the Sweepstakes or from the receipt or use of the Prize (or any portion thereof) or any travel

or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each

entrant gives his/her express permission to be contacted by Host by telephone, email and/or postal mail for

Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Host and each of its designees the

right to publicize each Winner's name, address (city and state of residence), photograph, voice, statements

 

and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any

media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and

without further compensation, consideration, permission or notification, unless prohibited by law.

GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate,

misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled

entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server,

Internet Service Provider (ISP), wireless network, website, API, or other connections including those through

and/or by any website, availability or accessibility or miscommunications or failed computer, satellite,

telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or

misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless

service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or

cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission,

processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing,

typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements

or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical,

electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating

to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in

connection with the administration of the Sweepstakes, the processing of entries, the announcement of the

Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any event. Released

Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users,

tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.

Released Parties are not responsible for injury or damage to participants' or to any other person's computer

and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials

from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or

attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair

playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Host

or who are in violation of these Official Rules, as solely determined by host, will be disqualified and all associated

entries will be void. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject

to legal action by Host and/or its respective agents. Host shall have the sole right to disqualify any entrant for

violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in

its sole discretion. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning

the Prize (or any portion thereof), and (ii) disclaim any implied warranty. Host's failure to enforce any term of

these Official Rules shall not constitute a waiver of that provision.

Host reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof)

should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness,

integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Host

may elect to identify each Winner and award the Prize by way of random drawing from among all non-suspect,

eligible entries received up to the time of such cancellation. Host also reserves the right, in its sole discretion, to

modify these Official Rules for clarification purposes without materially affecting the terms and conditions of

the Sweepstakes. In the event Host or Sponsor is prevented from continuing with the Sweepstakes by any event

beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or

strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or

 

civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by

any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or

jurisdiction, or other cause not reasonably within Host or Sponsor's control (each a “Force Majeure" event or

occurrence), Host shall have the right to modify, suspend or terminate the Sweepstakes or Prize.

CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE

THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL

LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HOST WILL DISQUALIFY ANY SUCH ENTRANT, AND HOST

AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND

OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT

PERMITTED BY LAW.

Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event

of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry

will be declared made by the full name submitted the entry at the time of entry provided he/she is eligible

according to these Official Rules. In the event a dispute regarding the identity of the individual who actually

submitted an entry cannot be resolved to Host's satisfaction, the affected entry will be deemed ineligible.

As a condition of entering this Sweepstakes, each entrant agrees that: (A) any and all disputes, claims,

controversies or causes of action arising out of or relating to this Sweepstakes, or any Prizes awarded (each, a

“Claim"), shall be: (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in

any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in

New York County, New York before a single arbitrator appointed by the American Arbitration Association in

accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator

may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted

to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any

other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and

construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts

entered into and performed exclusively in that State, without giving effect to any choice of law or conflict of law

rules or provisions that would cause the application of any other laws.

NAME OF SWEEPSTAKES WINNER: To receive the name of the Winner, send a stamped self-addressed envelope

prior to December 31, 2020, to: “Swim Outlet Sweepstakes", IMG Universe, LLC, 1370 Avenue of the Americas,

20th Floor, New York, NY 10019 (Attn: Legal Department).

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will

not affect the validity or enforceability of any other provision. In the event that any provision of the Official

Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will

remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were

not contained herein. Host's failure to enforce any term of these Official Rules will not constitute a waiver of

that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely

for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the

documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or

other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website

 

and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the

discrepancy will be resolved in Host's sole and absolute discretion.

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