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 EACH APPLICABLE 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 Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC (“Instagram”) or Twitter, Inc. (“Twitter”).
SPONSOR: The sponsor of this Sweepstakes is IMG Worldwide, Inc., d/b/a, the Miami Open (the “Sponsor” or “Miami Open”), IMG Center, Suite 100, 1360 E. 9th Street, Cleveland, Ohio 44114-1782 in association with Marchon Eyewear, Inc. 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 Miami Open 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 Miami Open 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 “Miami Open 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 PERIODS: The Sweepstakes will have one Entry Period, as specifically set forth below. The Entry Period shall begin at 12 PM EST on March 20, 2017 and terminate on April 2, 2017 at 6 PM EST.
Limit one (1) entry per person/Instagram or Twitter account/email address for each Entry Period. Additional entries beyond the specified limit, and any entries that do not comply with the Content Restrictions or otherwise with these Official Rules, will be void. Sponsor’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 Sponsor’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.
CONTENT RESTRICTIONS: Participants must not include any of the following content (the “Content Restrictions”) in any entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the Miami Open, its owners and employees, or the game of tennis; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind, including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the entry is created. Any entry that does not comply with the foregoing, in the sole discretion of Sponsor, may be disqualified and eliminated from consideration.
RANDOM DRAWING AND ODDS: There will be fifteen (15) Winners selected in this Sweepstakes. Each potential Winner of the Sweepstakes will be selected by random drawing in a commercially reasonable time following the end of the Entry Period from among all eligible entries received by Sponsor. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Sweepstakes (the “Winner(s)”). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received by Sponsor via Facebook for each applicable Entry Period.
WINNER SELECTION: All eligible entries received during the Entry Period will be gathered together into a database at the end of each Entry Period. Potential Winners will be chosen at random from among such pool of entries. Each potential Winner will be contacted after the end of each Entry Period. Announcement and instructions for obtaining Prize will be sent to the potential Winner via Winner’s Twitter or Instagram account. Each entrant is responsible for monitoring his/her account for Prize notification and receipt or other communications related to this Sweepstakes. If a potential Prize Winner cannot be reached by Miami Open within forty-eight (48) hours (“Required Response Time”) that potential Prize Winner shall forfeit the Prize. Upon the request of Miami Open, 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 Winners will be notified via Twitter, Instagram and/or email by Sponsor (the “Prize Notification”) and will be required to privately (through direct message, 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 Sponsor’s sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winners may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit. Failure to submit any identification required by Sponsor 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 Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries.
PRIZE: The prize (the “Prize”) shall include: one (1) pair of Lacoste brand sunglasses. Approximate Retail Value (“ARV”) of the Prize ranges between: One Hundred Thirty-Six Dollars and One Hundred Sixty-Six Dollars ($136.00 – 166.00). The total ARV for all Prizes awarded in this Sweepstakes ranges between: Two Thousand Forty Dollars and Two Thousand Four Hundred Ninety Dollars ($2,040.00 – 2,490.00). Reference to third parties in connection with Prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. No compensation will be paid in lieu of lost prize. The Winners are strictly prohibited from auctioning, trading or otherwise transferring the prize unless Sponsor consents in writing. Each 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(s) is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winners may be required to provide 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 Winners 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, including, but not limited to, lodging, transportation costs, meals, gratuities and any and all other expenses incurred by accepting the Prize are the sole responsibility of each Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. 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 any damage to Prize. Prize may not be resold or offered for resale. 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.
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 Miami Open, Instagram, Twitter, Marchon Eyewear, Inc., 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 Miami Open by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Miami Open 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 Miami Open or who are in violation of these Official Rules, as solely determined by Miami Open, 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 Miami Open and/or its respective agents. Miami Open 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. Miami Open’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Miami Open reserves the right, in their 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, Miami Open 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. Miami Open 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 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 Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor 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, MIAMI OPEN WILL DISQUALIFY ANY SUCH ENTRANT, AND MIAMI OPENAND/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.
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.
LIST OF SWEEPSTAKES WINNERS: To receive a list of Winners, send a stamped self-addressed envelope prior to July 1, 2017, to: “Miami Open Squity Selfie Sweepstakes Winners List”, IMG Worldwide, Inc., d/b/a, the Miami Open, IMG Center, Suite 100, 1360 E. 9th Street, Cleveland, Ohio 44114-1782 (Attn: Legal Department).