Name That Color Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Eligibility: The Name That Color (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age and over the age of majority in the state in which they reside, as of date of entry. Individuals who have won a prize in any promotion by Sponsor in the last twelve (12) months are also not eligible. Employees, officers, directors, agents and representatives of Swimsuits For All, LLC d/b/a swimsuitsforall.com (“Sponsor”), its parent, subsidiaries, affiliates, advertising/promotion/fulfillment agencies and anyone else connected with the production and distribution of this Contest (hereafter with Instagram, LLC, collectively, “Released Parties”) and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. By participating, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding. All applicable federal and state laws and regulations apply.
Contest Description/Contest Period: The Contest Entry Period starts on May 1st, 2016 at 9:30 PM Eastern Time (“ET”) and ends May 2nd, 2016 at 12:00 PM ET (“Entry Period”). Participants are asked to comment by submitting a unique and original name for the color on the promotional photo (“Submission”). One potential (1) Contest entrant will be chosen via the judging procedure set forth below. The potential Contest winner will be chosen and announced on or around May 9th, 2016.
How to Enter: During the Entry Period, you may participate using:
Instagram: You must have an Instagram account to participate in this Contest. If you do not have an Instagram account, establishing an account is free. All Instagram terms and conditions also apply. Your Instagram account must be set to “public” in order for your Submission to be eligible. You can return your Instagram account to “private” any time after the winner has been announced.
Comment on the promotional photo with by creating and submitting a unique name for the color in the promotional photo. Judging will be based on the criteria below.
Limit one (1) Submission per person/Instagram account per day. Multiple entries from any person in any day will be void. Any Submission submitted by an entrant must be substantially different from any other Submissions submitted by that same person, as determined by Sponsor in its sole discretion. All Submissions become the property of Sponsor.
Submission must be solely owned by entrant. Submission cannot defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any copyrighted, trademarked, or patented works or person’s personal or proprietary rights.
Submission may not contain, as determined by Sponsor in its sole discretion, any content that:
- is sexually explicit or suggestive, violent or derogatory, profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or 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;
- defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
- contains prominent use of trademarks or logos owned by others;
- contains any personal identification (other than as provided on the entry form);
- contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.
Submissions deemed by Sponsor, in its sole discretion, to not be in keeping with Sponsor’s image or in violation of these Official Rules will be void. In the event of non-compliance with any requirements specified herein or with any of the terms of these Official Rules, the Submission will be void.
By making a Submission, each entrant (i) states that the Submission is solely his/her own work product and that the Submission complies with these Official Rules, and 2) understands that by participating in this Contest, entrant is granting to Sponsor the unlimited right to post the winning Submission on its websites and social media accounts and otherwise use the Submission in advertising, for product sales and other any other unlimited promotional purposes, including for sale and profit solely for the Sponsor (as set forth more fully in the Grant of Rights below) without any further compensation or credit to the Winner.
Each Submission must meet all requirements set forth in these Official Rules to be eligible. Once submitted, a Submission cannot be deleted or modified.
Judging (Entry Period): Sponsor and eligible judges will choose one (1) Submission from among all eligible Submissions received based on the following criteria: (a) Creativity (1/2) and, (b) Originality (1/2). The entrant who submitted the highest scoring Submission, as determined by the judges in their sole discretion, will be deemed the potential winner of the Contest.
All Contest judging scores will not be made public or shared. All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.
Grant of Rights to Submissions: By submitting a Submission, entrant hereby waives all moral rights in and to the Submission and grants to Sponsor and its designees, successors, licensees and assigns a nonexclusive and unrestricted license to reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Submission and all elements embodied therein, in whole or in part, and together with entrant’s name, social media user name, city and state of residence and likeness (including, without limitation, applicable social media profile photo), in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without further compensation, notification or permission. Entrant agrees that they may be required to sign a document to this effect. Sponsor has no obligation to make use of the rights granted herein.
Winner Notification/Requirements: On or around May 9th, 2016, Sponsor will attempt to notify the potential winner via comment to his/her Submission post, direct message and/or comment. The potential winner must then contact Sponsor using that contact information provided in the initial notification within two (2) days of notification. Potential winner may be required to execute an Affidavit of, a Liability Release, and (where required by law) a Publicity Release within five (5) days of notification. If a potential winner cannot be contacted; is ineligible according to these Official Rules; fails to return the required documents within the specified time period; if a prize or prize notification is returned as undeliverable; if a potential winner decides to decline his/her prize for any reason whatsoever; or if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to the next highest scoring Submission.
Prizes: One Winner will be awarded (1) $100.00 store credit valid only for swimsuitsforall.com purchases. Total Retail Value of Prize: $100.00.
No cash alternative or prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Prizes may not be transferred, sold, bartered, or exchanged for cash by winners. Prize has no redeemable cash value. Any unused or remaining balance of the store credit will not be distributed as cash. Any prize details not specified herein shall be determined solely by Sponsor. All federal, state and local taxes are the sole responsibility of the winners. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Limit one (1) prize per person/email address/Twitter account/ Instagram account/household.
Publicity Grant: Each entrant, by participating, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, social media user name, city and state of residence, and likeness (including, without limitation, applicable social media profile photo), Submission, and if a winner, prize information, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without further compensation, notification or permission.
General Conditions: Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Contest (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest and, in the case of suspension or termination, at its discretion, select winner(s) for the Contest at issue from among all non-suspect, eligible Submissions received for that Contest prior to event requiring such termination or suspension using the procedure specified above or as otherwise deemed fair and appropriate by Sponsor. The name of the “authorized account holder” associated with any social media account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned the social media account by the social media platform that is responsible for assigning accounts. Proof (to Released Parties satisfaction) of being the authorized account holder may be required by Released Parties. Released Parties are not responsible for lost, incomplete, late, damaged, garbled, delayed, undelivered, inaccurate or misdirected Submissions or photos or votes; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Official Rules or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing or judging of Submissions, the tabulating of votes, the announcement of the prizes, or in any other Contest-related materials. The use of automated entry or similar devices as specifically set forth above, is prohibited and Submissions through such prohibited devices are void. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Release of Liability: By participating, entrant agrees to defend, indemnify and hold harmless Released Parties from and against, any liability, loss, injury or damage of any kind (including attorneys’ fees) to any person or entity including, without limitation, personal injury, death or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize, participation in this Contest, or use of any entry-related materials.
Arbitration: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.
Choice of Law: Participants understand an agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by and construed in accordance with the substantive laws of the State of New York.
Sponsor: Swimsuits for All, LLC, 248 W. 35th Street, Suite 501, New York, NY 10001
Admistrator: Offerpop, 360 Park Ave S, New York, NY 10010.
This Contest is not sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions should be directed to Sponsor and not to Instagram. All Instagram terms and conditions apply.