2019 Carry On Challenge - Terms & Conditions

By Tom Provencher -

 

Contest Terms And Conditions

"2019 Carry On Challenge” (the "Sweepstakes")

Official Sweepstakes Rules (the "Rules")

1. Sponsorship and Eligibility
This contest is sponsored by Swim.com, 1919 S. Bascom Avenue, Suite 300, Campbell, California 95008. There is no purchase necessary to enter or win. This contest is open to legal residents of the United States who are eighteen (18) years or older at the time of entry; however, the contest is void where otherwise prohibited or restricted by law. Employees of Swim.com, its affiliates, and the immediate family members of each are not eligible.

2. Qualification Period
The qualification period for the prize drawings of the contest begins at 12:01 AM (PST) on February 1, 2019 and ends at 11:59 PM (PST) on February 28, 2019 ("Sweepstakes Period").

3. Entry Procedures
No purchase necessary to enter or win. To enter, visit Swim.com and join the “2019 Carry On Challenge Club” (the “Club”) beginning at 12:01 AM (PST) on February 1, 2019. To be eligible for a $100 SwimOutlet Gift Card, participants must  join the Club on Swim.com and log at least one swim of at least 300 yards or at least 274 meters using an Apple Watch Series 2, 3 or 4, Samsung Galaxy, Samsung Gear Fit2 Pro, Samsung Gear Sport or any Android Wear compatible device (“Swim.com Compatible Device”) during the Sweepstakes Period. To be eligible for the $250 prize, participants must also join the Club and log at least 5 swims of 1000 yards or more each, for a total of 5,000 yards or 4,572 meters from a Swim.com Compatible Device during the Sweepstakes Period. Manually entered workouts are not eligible for prizes but can join the 2019 Carry On Challenge Club to participate.

4. Duties of Participants; Limitation of Liability
By entering, entrants agree to be bound by these Rules and the decisions of Swim.com which shall be final. All federal, state, and local laws apply. Swim.com and the employees, officers, directors, shareholders, agents, and representatives of Swim.com and its affiliates are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of Swim.com that may cause the contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the contest; or (vi) any printing or typographical errors in any materials associated with the contest.

5. Release & Liability
By entering this Sweepstakes, entrants forever release and hold harmless the Releasees from any and all damages, injuries, death, loss, or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Sweepstakes, the acceptance, possession, use or misuse of any prize, or while preparing for and/or participating in any Sweepstakes and/or prize-related activity.

6. Violation of Contest Rules
Swim.com reserves the right to disqualify any entrant or winner who, in its sole suspicion, tampers with the entry process, intentionally submits more than a single entry on Swim.com, violates these Rules or acts in an unlawful or disruptive manner.

7. Selection of Winners; Chances of Winning
One (1) $100 Gift Card Prize Winner and one (1) $250 Gift Card Winner (the "Winner") will be determined via random drawing from among all eligible entries by Swim.com during the month of March 2019. Chances of winning depend on the number of participants who join the Club and meet the eligibility rules defined in Section 3.  

8. Description of Prize
There is one (1) SwimOutlet $100 gift card  and one (1) SwimOutlet $250 gift card being given away. The gift cards will have an expiration date of 8/31/2019. If for any reason the Sweepstakes is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sweepstakes Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In such event, no prize of any kind will be awarded. Any and all taxes assessed as a result of receiving the Prize are the sole responsibility of the Winner.

9. Notification of Winners; Substitution of Prizes
Swim.com will contact the selected entrant via e-mail within five (5) business days of the Winner selection ("Winner Notification").
If a selected entrant cannot be contacted within seven (7) business days of the first attempt to contact (including failing to reply to the Winner Notification) or, if contacted, does not claim his/her prize, or does not meet all of the Sweepstakes conditions outlined in these Rules, the selected entrant will be disqualified and forfeits his/her prize, and another entrant may be randomly drawn from among all remaining eligible entries whom a representative of Swim.com will attempt to contact, and who will be subject to disqualification in the same manner. This process will continue until contact is made with a selected entrant who meets Sweepstakes requirements or until there are no more eligible entries, whichever comes first. The Sweepstakes Sponsor is not responsible for failed attempts to notify any selected entrant. Upon prize forfeiture, no compensation will be given. The chances of winning are solely dependent on the total number of eligible entries received.

The prize is non-exchangeable, non-transferable, non-refundable, has no cash-surrender value, and must be accepted as awarded with no substitutions.

10. Rules and Winner’s List
For the name of the Winner (after February 28, 2019) and before July 31, 2019) and/or Rules, send a self-addressed, stamped envelope to Sweepstakes, Swim.com, 1919 South Bascom Avenue, Suite 300, Campbell, California 95008 (designating either or both “Winner’s List” or “Rules”). A copy of the Rules may also be obtained by printing this web page.
11. Permissions
By accepting a prize, the Winner agrees that the Sweepstakes Sponsor and each of their respective designees may use his/her name, photographs, videos, likenesses, city of residence, biographical information, prize information and/or statements about this Sweepstakes for advertising and/or publicity purposes in any and all media (now or hereafter known) throughout the world, in perpetuity without compensation, notification, or permission, unless otherwise prohibited by law.

The Prize may be forfeited and an alternate Winner may be selected (as provided in these Official Rules) unless the Winner signs and returns, within three (3) days of the date of the accompanying cover letter, Sweepstakes Sponsor’s standard declaration and release forms, confirming eligibility and compliance with these Rules and releasing the Sweepstakes Sponsor, Advertising Sponsor, and their respective advertising and promotional agencies, and each of their respective parents, affiliates, subsidiaries, related companies, and each of their respective shareholders, members, owners, partners, officers, directors, employees, representatives,  agents, dealers, successors and assigns and its designates persons (each, a “Releasee”) from any and all liability caused by, resulting from, or arising out of the acceptance or use of the Prize, the use of any personal information or the use of merchandise purchased in relation to winning the Prize.

By entering, Entrants agree that personal data ("Personal Data"), including, without limitation, the Entrants' name and address, may be processed, shared and otherwise used for the purposes and within the context of the Sweepstakes and any other purposes outlined in these Official Rules. Entrants also agree that such Personal Data may also be used by the Sweepstakes Sponsor in order to verify the entrant's identity, postal address, and telephone number or to otherwise verify the entrant's eligibility to participate in the Sweepstakes. While the Sweepstakes Sponsor is committed to undertaking reasonable measures to protect the privacy, accuracy and reliability of the Personal Data submitted and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction, the Sweepstakes Sponsor notes that the internet is not a perfect service medium and data transmission is not guaranteed to be secure. The Sweepstakes Sponsor uses, and will use, a variety of security measures to insure the security of the Personal Data collected during the Sweepstakes. However, the Sweepstakes Sponsor cannot and does not warrant the security of the Personal Data which is submitted as part of the Sweepstakes and cannot and does not warrant that such Personal Data will not be intercepted unlawfully by third parties. When any information is provided to the Sweepstakes Sponsor as part of the Sweepstakes, including Personal Data, such submission is done at the Entrants own risk. The collection, use, and disclosure of Personal Data about the Entrant is solely for the purpose of administering this Sweepstakes and as permitted in accordance with Sweepstakes Sponsor's privacy policy, which can be accessed at https://www.swim.com/legal.
Entrants' personal information will be stored in accordance with the respective rules of the United States of America, as applicable. Such information, if stored in the United States, is subject to the laws of the United States and may be subject to access by the governments, courts or law enforcement or regulatory agencies of the United States pursuant to the laws of the United States. The Personal Data will be held primarily in an electronic database. Each Entrant has certain rights to access and rectify the information contained in the file held about them and in order to exercise these rights, or to submit any questions, comments or concerns about this consent, please contact the Sweepstakes Sponsor at marketing@swim.com or 1919 S. Bascom Ave., Suite 300 | Campbell, CA 95008.

12. General
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sweepstakes Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to its conflict of law rules and provisions. All entrants consent to the jurisdiction and venue of the state of California. All entrants expressly agree that the California courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and agree to submit to the laws of and the jurisdiction of the federal courts of the United States and state courts of California, and hereby waive the jurisdiction of any other court that now or in the future could be considered competent for any reason. The venue shall only be Santa Clara County, California. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

The Sweepstakes Sponsor reserves the right, in its sole discretion, to change the terms of this Sweepstakes or to cancel or suspend this Sweepstakes at any time for any reason whatsoever, without prior (or any) notice.

13. Inquiries or Questions
Any inquiries or questions regarding this contest, including any request for the name of the Winner, may be sent by e-mail to marketing@swim.com or by regular mail to "Sweepstakes" Swim.com, 1919 South Bascom Avenue, Suite 300, Campbell, California 95008.
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