1. ELIGIBILITY: Open to legal residents of the U.S. who are physically located in any 1 of the 50 United States or the District of Columbia who are of the legal age of majority in their jurisdiction of primary residence, usually a minimum of 18 years old but 19 or 21 in some states. Proof of residency and age may be required. Sponsor, along with its clients and its and their advertising and promotion agencies, as well as each of their parent companies, and affiliates, and all of their respective sales representatives, members, officers, directors, employees and contractors (including participating bloggers) (collectively, the “Promotion Entities”), and members of all of their immediate families (defined as parent, sibling, spouse or child; whether biological, adopted, step or in-law) and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize. Void in all jurisdictions other than the fifty United States or the District of Columbia, and where prohibited by law. All federal, state, and/or local laws, rules and regulations apply.
2. SPONSOR: Sway Group, LLC (“Sponsor”), located at 305 Montecito Ave. Corte Madera, CA 94925
3. PROMOTION PERIOD: The Sweepstakes begins on Monday June 20, 2016 at 12:00 AM Pacific Time (“PT”) and ends on Thursday June 23, 2016 at 9:00 PM PT (the “Promotion Period”). Sponsor shall be the official time-keeper for the Sweepstakes, and Sponsor’s computer shall be the official time-keeping device.
4. HOW TO ENTER: During the Promotion Period enter by following @SITSGirls on Instagram, uploading a personal photo using the hashtag #SwayIs5 and tagging three friends on Instagram. Your Instagram settings must be “public”. You can change your settings back to “private” any time following the announcement of the Prize Winner. Instagram is free to download and available for iPhone from the Apple application store and for Android from the Google Play store. Wireless phone charges and data rates apply. For the Instagram Terms, visit http://instagr.am/legal/terms.
Limit of one (1) Entry per person/Instagram account/email address/household per day, regardless of method of entry. Multiple entries will be void.
Entrants agree to be bound by and acknowledge compliance with these Official Rules, including the eligibility requirements. Individuals who enter via Instagram must be the authorized account holder of the Instagram™ account from which the entry is made. Use of automated entry or similar devices to participate or subvert the entry process is prohibited, and all entries submitted through such devices are void. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Instagram accounts, identities, registrations and Instagram logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. By entering the Sweepstakes, each entrant waives, discharges and releases Facebook and Instagram from any and all liability associated with this Sweepstakes.
5. ENTRY REQUIREMENTS: Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties (e.g., photograph was taken by someone other than entrant), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof, if requested, may render the Entry null and void.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that: is sexually explicit or suggestive; is unnecessarily violent or is derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
defames, misrepresents or contains disparaging remarks about Sponsor, its products or services or other people or companies;
contains trademarks, logos, or trade dress owned by others, without permission to the extent permission is necessary; contains any personal identification, such as license plate numbers, personal names, email addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission to the extent permission is necessary; contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; contains look-alikes of celebrities or other public or private figures, living or dead; violates any law or infringes on any third party rights.
Sponsor, in its sole discretion, may disqualify any Entry for any reason, including if it determines, in its sole discretion, that Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
Related Entities do not guarantee the posting of any Entry and may take down any Entry at any time and for any reason at its sole discretion.
6. GRANT OF RIGHTS: You give Sway Group LLC and their respective designees, successors, licensees and assigns a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, broadcast, edit, modify, create derivative works from, display, and otherwise exploit the Entry (and all rights embodied therein), in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose, in any manner (including, without limitation, on websites and social media pages of Sponsor, including without limitation for commercial, promotional or marketing purposes, without compensation or notification to, or permission from, you. Sponsor is not obligated to use any of the above-mentioned information or materials. Entrant agrees that Related Entities are not responsible for any unauthorized use of Entries by third parties.
By submitting an Entry, you understand that your Entry may appear on webpages related to the Sweepstakes and/or The Sway Group LLC social media pages.
7. WINNER SELECTION BY RANDOM DRAWING: Sponsor will randomly select the potential Sweepstakes winner from among all eligible Entries received, during the promotional period (“Potential Prize Winner”). Subject to verification of eligibility and compliance with the terms of these Official Rules, the Potential Prize Winner will be declared the official winner of the Sweepstakes (“Prize Winner”). Odds of winning depend on the number of eligible Entries received.
8. Winner Notification: Potential Prize Winner will be contacted on Thursday, June 23, 2016 by @SITSGirls via email or via a comment on his/her Photo Entry if he/she entered via Instagram, with instructions to email @SITSGIrls within a specified period of time. Sponsor will confirm Potential Prize Winner’s eligibility via phone or email (as specified). Potential Prize Winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by Sponsor within a reasonable time period, as determined at Sponsor’s sole discretion; ii) if prize notification or email correspondence is returned as undeliverable or phone call is not answered; iii) if he/she is found to be ineligible; iv) if he/she cannot or does not comply with these Official Rules. In the event that a Potential Prize Winner is disqualified for any reason, Sponsor, at its sole discretion and time permitting, may award the prize to an alternate Potential Prize Winner by random drawing from among all remaining eligible Entries. No more than three (3) alternate drawings may be held, after which the prize will remain un-awarded.
9. Prize AND APPROXIMATE RETAIL VALUE (“ARV”): Two (2) winners will each receive one of the following prizes consisting of: $250 Visa Gift Card.
10. GENERAL PRIZE RESTRICTIONS: The ARV of the prize set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. The specifics of the prize stated herein shall be solely determined by Sponsor. No transfer or cash equivalent of any prize element allowed except as otherwise set forth herein or at Sponsor’s sole and absolute discretion. Prize may not be transferred by any other means, including but not limited to sale, barter, or trade on auction websites. Prize may not be substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of comparable or greater value if it deems necessary. Any portion of prize not used by Prize Winner is forfeited and no cash substitutions will be offered or permitted. All prize elements being offered are provided “as is” with no warranty or guarantee either express or implied.
11. WAIVER OF LIABILITY AND RELEASE: By participating in the Sweepstakes and submitting an Entry, each entrant waives, discharges and fully releases Sponsor from any and all liability, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize. By receipt of any prize, Prize Winner agrees to release and hold harmless the Related Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
12. PUBLICITY: Except where prohibited, Prize Winner, by acceptance of prize, grants to the Related Entities the right to publicize such Prize Winner’s name (first name and last initial), address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any and all media now known or hereafter devised, for advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law.
13. LIMITATIONS OF LIABILITY: Related Entities are not responsible for stolen, late, incomplete, inaccurate, stolen, misdirected, lost, damaged, garbled, delayed, incomplete, postage-due or garbled Entries, email or mail; for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, application, or other connections; availability or accessibility or miscommunications or failed computer, satellite, telephone or cable or wireless transmissions, lines; or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, 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, functionality of the application or in any Sweepstakes-related materials. Related Entities are also not responsible for any incorrect or inaccurate information, whether caused by application users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Related Entities are not responsible for injury or damage to participants’ or to any other person’s mobile device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the application. Persons who tamper with or abuse any aspect of the Sweepstakes or application 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 Sponsor and/or the Related Entities, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, and their respective agents. Sponsor 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. Notwithstanding anything in these Official Rules to the contrary, Related Entities (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty.
14. GENERAL CONDITIONS: Sponsor 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, Sponsor may elect to identify 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.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE APPLICATION OR ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR AND THE OTHER RELATED ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Instagram account from which the entry is made will be deemed to be the entrant and he/she must comply with these Official Rules. “Authorized account holder” ” is the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the email address. A Potential Prize Winner may be asked to provide Sponsor with proof that the selected winner is the authorized account holder of the email address associated with the Instagram account. If a dispute cannot be resolved, the Entry will be deemed ineligible.
Sponsor’s and/or other Related Entities’, as applicable, failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
15. DISPUTES: By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Illinois. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Illinois and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. WINNER’S LIST/OFFICIAL RULES: For the names of the winners, send a self-addressed, stamped envelope to the Corporate communications team at Sway Group LLC 305 Montecito Ave. Corte Madera, CA 94925 by August 30, 2016.