SI Swimsuit Best of Awards
OFFICIAL TERMS AND CONDITIONS
These Official Terms and Conditions (these “Rules”) apply to a party’s (referred to as “you” or “your” as the context may require) submission of a product and related materials (the “Entry” or “Entries”) for the Sports Illustrated Swimsuit Hot List Awards competition (the “Competition”) and awards (inclusion in the “Sports Illustrated Swim Best of Awards”). These Rules are subject to change by The Arena Media Brands, LLC (referred to as the “Sponsor,” “us,” “we,” or “our” as the context may require) from time to time without prior written notice and in our sole discretion. You should review these Rules prior to submitting an Entry and paying the required fee for Entry (the “Fee”). The Rules contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. These Rules also waive your right to a jury trial.
- ELIGIBILITY: To be eligible to submit an Entry for the Sports Illustrated Swim Best of Awards, You must (a) agree to these Rules, (b) pay the Fee, and (c) be the older of at least (i) eighteen (18) years of age or (ii) legal age to form a binding contract with us. In addition, you must be a resident of one of the fifty (50) United States or the District of Columbia. By paying the Fee and submitting an Entry for the Competition, you represent and warrant that the foregoing statements are true and accurate. Eligible entrants will be permitted to submit Entries on behalf of an organization or company. You represent and warrant that if you are paying the Fee and submitting an Entry on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Rules; and, all statements and agreements by you in connection with the Competition will be binding on such organization or company, as if agreed to directly by it. You may not submit an Entry on behalf of any organization or company that is organized or primarily located in (as determined by us) any country that is subject to United States government sanctions or transaction restrictions.
Persons who at any time during the Entry Period (as defined below) (and, if an award recipient, as of the date of award fulfillment) are an employee of The Arena Media Brands, LLC or any of its affiliates or any other entity involved in the marketing or promotion of the Competition and the Sports Illustrated Swim Best of Awards, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible.
Eligibility determinations will be made by us in our discretion and will be final and binding. The laws of the United States govern this Competition. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Competition begins at 9:00 AM Eastern Time (ET) on November 16, 2022 and continues through 11:59PM ET on February 10, 2023, unless otherwise extended by us in our sole discretion (the “Entry Period”). In order to enter, visit the online entry page located at http://swimsuitawards.si.com/ (the “Website”) and follow the entry and submission instructions shown there.
In consideration for receiving the opportunity for your Entry to be considered for inclusion in an Sports Illustrated Swim Best of Awards, you will pay the Fee at the payment link provided on the Website prior to submitting your Entry in accordance with the instructions provided on the Website. Each Entry is limited to one product only. To submit multiple products for consideration for the Competition , you must submit a separate Entry and pay a separate Fee for each product.
All materials submitted by you in connection with entry in the Competition (“Entry Materials”) (including, without limitation, all photographs and text) must comply with the Entry Guidelines set forth in these Rules and on the Website. Submitting an entry constitutes acknowledgement of and consent to these Rules. We have no obligation to return any of the Entry Materials.
All Entries are subject to verification at any time. Proof of submission does not constitute proof of entry. We will have the right, in our discretion, to require proof of identity and/or eligibility in a form acceptable to us. Failure to provide such proof to our satisfaction in a timely manner may result in disqualification.
Neither payment of the Fee nor submission of an Entry will entitle you to win the Competition, to be placed on an Sports Illustrated Swim Best of Awards, or to receive any award, accolade, goods or services that we may offer, and we will select the recipients of the Sports Illustrated Swim Best of Awards in our absolute and sole discretion. We may exclude any participant or Entry from the Competition submission process at any time in our absolute sole discretion and without liability. The Fee is non-refundable.
- ENTRY GUIDELINES: Each Entry and all Entry Materials must comply with the following guidelines: (a) the Entry and Entry Materials must be original; (b) the entrant (or entity on whose behalf the Entry and Entry Materials are being submitted) must own the copyright and all other intellectual property and proprietary rights with respect to the Entry and the Entry Materials; and (c) the Entry and Entry Materials must not contain or incorporate any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees (as defined in Section 7) as permitted pursuant to these Rules would require a license or permission from or payment to any third party. By submitting an Entry, the entrant represents and warrants that the foregoing requirements are met. We reserve the right in our sole discretion to disqualify any entry if the associated Entry or Entry Materials do not comply with these guidelines as we determine.
- SELECTION OF FINALISTS AND AWARD RECIPIENTS: With respect to each Entry category, approximately five (5) to ten (10) potential finalists will be selected by judges designated by us from among the Entries validly entered into the Competition, but the total number of finalists is likely to depend on the specific category, and the number and quality of Entries. Following selection of the finalists, with respect to each entry category, approximately one (1) to five (5) potential award recipient(s) will be selected by judges designated by us from among all finalist Entries. The odds of being designated as an award recipient will depend on the number and quality of Entries validly entered into the Competition during the Entry Period. Finalists and award recipients will be selected based on factors determined by us which may include, without limitation, creativity, style, usefulness, affordability, and overall impression.
- NOTIFICATION AND VERIFICATION OF AWARD RECIPIENTS: The potential award recipients will be notified no later than ten (10) business days of the selection being made via phone or email at the phone number or email provided with their Entry, and must respond to the initial notification attempt within two (2) business days. Each potential award recipient is subject to verification of eligibility. We will have the right to require that the potential award recipients each complete and return to us an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by us in connection with verification of the potential award recipient’s eligibility and confirmation of the releases and grant of rights set forth in these Rules (as applicable, “Winner Verification Documents”). If any attempted notification or award delivery is returned as undeliverable, or if a potential award recipient does not respond to our initial notification attempt within two (2) business days , or if a potential award recipient does not complete, sign, and return any required Winner Verification Documents within five business (5) days after attempted delivery of the document to the potential award recipient, or if a potential award recipient does not satisfy the eligibility requirements set forth in Section 1 or is not compliant with these Rules, we will have the right in our discretion to disqualify the potential award recipient and select an alternate award recipient.
- AWARDS: Each award consists of inclusion of the award recipient’s Entry on “Sports Illustrated Swim Best of Awards” to be published in Sports Illustrated Swimsuit online and/or print publication. All aspects of such publication and the manner in which each award recipient’s Entry is identified will be determined by us in our sole discretion. We do not guarantee that any award recipient will receive any particular type or quantity of recognition or editorial coverage. No substitution, cash redemption or transfer of the right to receive any award or any award component is permitted, except in our, and we have the right to substitute any award with an award of equal or greater monetary value in our discretion. Each award consists only of the award expressly specified in these Rules. All expenses or costs associated with the acceptance of any award are the responsibility of the award recipient. The award is awarded “as is” and without any warranty, except as required by law. All federal, state and local taxes on the value of the award, if any, are the responsibility of the award recipient.
- PUBLICITY. Unless and until a further written agreement is signed between the parties, you agree to not (i) use in advertising, publicity or marketing any name, domain name or trademark (including without limitation any abbreviation or contraction thereof), owned by or referring to us or our affiliates, or represent, directly or indirectly, that any product or service offered by you has been approved by or endorsed by us or our affiliates, or (ii) share details about your Entry, the submission process or the Sports Illustrated Swim Best of Awards to any third parties, even if, in the case of both (i) and (ii), your Entry is selected for inclusion on an Sports Illustrated Swim Best of Awards.
- GRANT OF RIGHTS: Each entrant irrevocably grants to Sponsor and Sponsor’s parent companies, subsidiaries and affiliates, and the agents and licensees of each of the foregoing and each of their respective successors and assigns (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and statements attributed to the entrant and the name, trademarks and logos of the entrant (if an entity) included in the entrant’s Entry Materials (“Proprietary Rights”), in marketing, promotional and publicity materials and communications and in editorial materials, including editorial materials that may be accompanied by advertising and/or sponsorship material, in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s and third-party websites and social media and digital channels), without further notice or compensation, unless prohibited by law. In addition, by entering, each entrant irrevocably grants to the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the entrant’s Entry and/or Entry Materials, in whole or part, in marketing, promotional and publicity materials and communications and in editorial materials, including editorial materials that may be accompanied by advertising and/or sponsorship material, in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s and third-party websites and social media and digital channels), without further notice or compensation, unless prohibited by law.
- RELEASE; LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Competition or the provision of any award or any component of any award, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Competition, participation in the Competition, the use of the Website, the acceptance, receipt, participation in or use of any award or any component thereof, the entrant’s Proprietary Rights or the entrant’s Entry or Entry Materials, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Competition, the use of any Competition-related website or the provision, acceptance or use of any award or award component. The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Competition or in the announcement of awards or award recipients, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete Entries or Entry Materials, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Competition, (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any award-related activity or interfere with, delay or prevent the provision of any award, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Competition.
- GENERAL RULES: We have the right, our sole discretion, to modify jthese Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Rules) and to cancel, modify or suspend this Competition at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond our control corrupts the administration, integrity, security or proper operation of the Competition or if for any other reason we are not able to conduct the Competition as planned (including without limitation in the event the Competition is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of early termination of the Competition, a notice will be posted on the Website and, we will select award recipients from among all eligible Entries received prior to the time of termination. We have the right, in our sole discretion, to disqualify or prohibit from participating in the Competition any individual who, in our discretion, we determine or believe (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Competition by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any our representatives or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE HAVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and we have the right, in our sole discretion, to disqualify any entry that we believe may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the e-mail account provided in connection with the entry. All federal, state and local laws and regulations apply. All entries become our property and will not be returned. By participating in this Competition, each entrant agrees to be bound by these Rules and the decisions of Sponsor, which are final and binding in all respects. These Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
- DISPUTES: By entering the Competition, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Competition or the provision, acceptance and/or use of any award or award component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each 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, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Competition will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Rules or terminate or rescind any of the rights granted in these Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Competition shall be governed by, and construed in accordance with, the laws of the State of New York 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 New York. Any legal proceedings arising out of this Competition or relating to these Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Rules and any Competition information provided elsewhere (including but not limited in advertising or marketing materials), these Rules shall prevail.
- WINNERS’ NAMES AND RULES REQUESTS: For the names of the award recipients, available after June 1, 2023, or a copy of these Rules, send a self-addressed, stamped envelope to: 200 Vesey Street, 24th Floor, New York, New York 10281.
- SPONSOR: The Arena Media Brands, LLC