Garmin Standard Social Sweepstakes: Garmin & MySwimPro

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NO PURCHASE NECESSARY TO ENTER OR WIN.  MUST BE 18 YEARS OF AGE OR OLDER TO
ENTER.  VOID WHERE PROHIBITED BY LAW.

  1.  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
    manner.
  • 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 social.fitness@garmin.com 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
the entry. 

  • 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
    Prize. 
  • 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.
  1. NOTIFICATION OF POTENTIAL
    WINNER:
     
    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.
  1. 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.
  1. PRIVACY: 
    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
    with its privacy policy, located at http://www.garmin.com/privacy/.  In addition, Garmin may use and share an
    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.
  1. 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. 
  1. PUBLICITY: 
    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
    compensation.
  1. 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
    exclusions.

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.

  1. DISPUTES: 
    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.
  1. 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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