NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE 18 YEARS OF AGE OR OLDER TO
ENTER. VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: The Sweepstakes is open only to individuals
who are legal residents of the 50 United States (excluding Puerto Rico
residents) or the District of Columbia, are 18 years of age or older at the
time of entry. Employees and their immediate families of Garmin International,
Inc. (“Garmin”) and any of Garmin’s affiliated companies are not eligible. The Sweepstakes is subject to all applicable
federal, state, and local laws and regulations and is void where prohibited by law.
- AGREEMENT TO OFFICIAL RULES: Entry
in the Sweepstakes constitutes entrant’s full and unconditional agreement to
and acceptance of these Official Rules and the decisions of Garmin, which are
final and binding. Winning a prize is
contingent upon fulfilling all requirements set forth herein in a timely
- SPONSOR: Garmin, located at 1200 East
151st Street, Olathe, Kansas 66062, is the sole sponsor of this promotion. The Sweepstakes is in no way sponsored,
endorsed or administered by, or associated with Instagram.
- SWEEPSTAKES TERM: The
Sweepstakes begins at 09:00 a.m. Central Time (“CT”) on May 24th, 2019
and will continue until 5:00 p.m. CT on May 28th, 2019 or such
longer or shorter term as Garmin shall determine in its sole discretion (the
“Sweepstakes Term”). Entries received
prior to or after the Sweepstakes Term will be disqualified. Garmin is the official timekeeper for the
Sweepstakes Term, and all timekeeping decisions of Garmin shall be final.
- ENTRY: NO PURCHASE NECESSARY TO ENTER OR WIN. Eligible persons may enter the Sweepstakes by each of the following methods: (1) entrants enter the Sweepstakes by following the directed Garmin and MySwimPro accounts on Instagram, liking the giveaway post, commenting with an emoji where you like to swim. For an extra entry, tag two friends. (2) In addition to entering the Sweepstakes by the social media method, eligible persons may also enter the Sweepstakes by submitting an e-mail to firstname.lastname@example.org with “Garmin Sweeps” in the subject line. Entrants using this alternate method of entry must provide their age, physical mailing address, and phone number in their email entries.
Entries will not be
acknowledged. Garmin and its affiliates assume no responsibility for any lost entries
or any computer, internet, or technical malfunctions that might occur during
the entry process. Normal Internet
access and usage charges imposed by your online service will apply.
In the event of a
dispute as to the identity of any entrant, the authorized account holder of the
email address used to set up the Instagram account from which the entry
was received, or in the case of the alternate means of
entry, the email address from which entry was received, will be deemed to be
the entrant. Potential winners may be required to show proof of being the
authorized account holder of the email address/Facebook account associated with
- ENTRY LIMITATIONS: Eligible participants are limited to one
entry in the Sweepstakes. Each eligible
participant may enter under one Instagram account only, or
in the case of the alternate means of entry, one email account only.
Entries using automated means to generate entries, or otherwise participate are
not eligible. Use of any automated
system to enter as determined by Garmin in its sole judgment is prohibited and
will result in disqualification at Garmin’s sole discretion. Additionally, anyone found to use multiple email
accounts or multiple Facebook, Twitter or Instagram accounts to enter will be
disqualified from all participation in the Sweepstakes. ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE
SWEEPSTAKES. Entries by any method other
than set forth in Section 5 are void.
Garmin is not responsible for entries that it does not receive for any
reason, or for entries that it receives but are ineligible under these Official
Rules. Garmin will automatically
disqualify: (1) any incomplete or illegible entry; and (2) any entries received
that are in excess of the entry limit described above.
- PRIZE: One grand prize (the a “Prize”) will be awarded for the Sweepstakes
Term, consisting of a Garmin Forerunner 245 Music and a year of MySwimPro ELITE.
- Each Prize has an
approximate retail value (“ARV”) of $590.00.
The ARV of Prizes is subject to price fluctuations in the consumer
marketplace based on, among other things, any gap in time between the date the
ARV is estimated for purposes of these Official Rules and the date the Prize is
awarded. Each Prize is nontransferable
and non-refundable and must be accepted as awarded. No cash or other substitution may be made,
except by Garmin, who reserves the right to substitute a Prize with another
prize of equal or greater value if a Prize is not available for any reason as
determined by Garmin in its sole discretion.
Winners are responsible for any taxes associated with receipt of a
- DRAWING: The potential winner of each
Prize will be chosen in a random drawing from the pool of valid entries by 11:00
AM CT, May 29th, 2019. Odds of winning depend on the number of
eligible entries received during the Sweepstakes Term. The random drawings will be conducted by one
or more employees of Garmin or an independent fulfillment entity.
- NOTIFICATION OF POTENTIAL
Garmin will attempt to notify each potential winner by Instagram message
(or in the event of an alternate means of entry potential winner or in store
entry potential winner, by email) immediately after the drawing. If a winner of a Prize cannot be located or
does not respond by 11:00 AM CT, May 30th, 2019, that Prize will be
forfeited and an alternate potential winner will be drawn from the pool of
remaining valid entries. Alternate
potential winners will be notified Instagram message (or in the event of
an alternate means of entry potential winner or in store entry potential winner,
by email). Garmin and its affiliates, or
their respective officers, directors, employees, representatives and agents,
will not be liable for unsuccessful efforts to notify a winner.
- REQUIREMENTS OF THE
POTENTIAL WINNER: Except where prohibited by law, each
potential winner may be required to complete and return an affidavit of eligibility
(the “Affidavit”) within 2 days of being notified. If a potential winner fails to sign and
return the Affidavit postmarked within the required time period, an alternate
entrant may be selected in such potential winner’s place from all of the
remaining valid entries received for the Sweepstakes Term. If a potential winner declines the Prize,
does not respond to the Prize notification, fails to claim the Prize, is
unavailable for Prize fulfillment, fails to abide by the Official Rules, or is
ineligible, Garmin will select an alternate winner from all remaining valid
entries received for the Sweepstakes Term.
Garmin will be collecting personal data from the entrants and potential
winners in order to confirm Sweepstakes eligibility. Garmin will treat this data in accordance
entrant’s personal data with third parties solely to the extent necessary to
fulfill its obligation to administer and sponsor this Sweepstakes. All
information provided is being provided solely to Garmin, and not to Instagram.
- GENERAL CONDITIONS:
Garmin reserves the right to cancel, suspend, and/or modify the
Sweepstakes if any fraud, virus, or other technical problem corrupts the
administration, security, or proper play of the Sweepstakes, as determined by
Garmin in its sole discretion. The use
of robotic, automatic, macro, programmed or like methods (including without
limitation the use of any promotion/sweepstakes subscription, notification,
entry or like sites or services that offer sweepstakes entry services “on
behalf of” entrant) is strictly prohibited.
In such event, Garmin reserves the right to award each Prize at random
from among the valid entries received up to the time of the impairment. Garmin reserves the right in its sole
discretion to disqualify any individual it finds to be tampering with the entry
process or the operation of the Sweepstakes or to be acting in violation of
these Official Rules or in an unsportsmanlike or disruptive manner. Any false information provided by any entrant
concerning such entrant’s identify or mailing address or any non-compliance by
an entrant with these Official Rules may result in the immediate
disqualification of the entrant from this Sweepstakes. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, GARMIN RESERVES THE RIGHT TO
SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Garmin’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision.
Notwithstanding any other term herein, except where prohibited by law,
submission of any entry constitutes the entrant’s consent to use of entrant’s name,
likeness, voice, state of residence, biographical and prize information,
statements about the promotion, anything submitted to enter the Sweepstakes
and/or the entrant’s photo for advertising and promotional purposes in any
media now known or hereafter devised without review, notification, approval or
- LIMITATION OF LIABILITY: By
participating in the Sweepstakes, each entrant agrees to release and hold
harmless Garmin and its parents, subsidiaries, affiliates, and each of their
respective officers, directors, employees, and agents, and Instagram (the
“Released Parties”), from and against any claim or cause of action arising out
of participation in the Sweepstakes or receipt or use of any Prize, including
but not limited to: (a) any inaccurate information, whether caused by entrants
or printer errors; (b) unauthorized human intervention in any part of the
Sweepstakes; (c) technical failures of any kind, including, but not limited to
electronic malfunctioning of any website, network, hardware or software; or (d)
technical or human error which may occur in the administration of the
Sweepstakes or the processing of entries or winners. ADDITIONAL POSSIBLE CLAIMS OR CAUSES OF
ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY
OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY
PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE
LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY,
ARISING OUT OF SUCH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR
USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE
RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS
PROMOTION. Without limiting the foregoing, everything in these Rules and in
this promotion, including, with the exception of Garmin’s standard limited
product warranty, the prizes awarded, is provided “as is’ without warranty of
any kind, either express or implied, including but not limited to, the implied
warranties of merchantability, fitness for a particular purpose or
non-infringement. Some jurisdictions may
not allow the limitations or exclusion of implied warranties, so some of the
above limitations or exclusions may not apply to all entrants. Each entrant should check such entrant’s local
laws for any restrictions or limitations regarding these limitations or
If for any reason an entrant’s
entry is confirmed to have been voided or corrupted by any grossly negligent
act of Garmin, entrant’s sole remedy is another entry in the Sweepstakes,
subject to availability and provided that the Sweepstakes has not then expired.
Except where prohibited by law, each entrant agrees that: (a) any and
all disputes, claims and causes of action arising out of, or connected with,
the Sweepstakes or any Prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the appropriate court
located in the State of Kansas; and (b) entrant waives the right to claim any
damages whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages, including attorney’s fees. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, entrant’s rights and obligations, or the rights and obligations of
Garmin in connection with the Sweepstakes, shall be governed by, and construed
in accordance with, the laws of the State of Kansas.
- WINNERS LIST: A
copy of these Official Rules will be posted on garmin.com/en-US/blog/GarminMySwimProSweeps.
Interested persons can obtain a list of the Sweepstakes winner(s) and a copy of
these Official Rules by sending a self-addressed, stamped envelope to Garmin
International, Inc., Attn: Social Media
Department, 1200 East 151st Street, Olathe, Kansas 66062.
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