2025 Sports Illustrated Swim Search Contest Official Rules

Samantha Martinez | 13 Hours Ago

SI Swimsuit

BY PARTICIPATING IN THE 2025 SPORTS ILLUSTRATED SWIM SEARCH (“CONTEST”), YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING OR TAKING ANY ACTION IN RELATION TO THE CONTEST. THE CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR FOR A CHANCE TO WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

PLEASE NOTE, THESE OFFICIAL RULES CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT WHERE PROHIBITED BY LAW, BY AGREEING TO THESE OFFICIAL RULES YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND SPONSOR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ELIGIBILITY: The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are twenty-one (21) years of age or older. Employees of Sportority Inc. ("Sponsor") and the Released Parties (as defined below) and members of their immediate family (spouse, parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws. Entrant’s entry and participation in the Contest constitutes the Entrant’s full and unconditional agreement to these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.

HOW TO ENTER: All Entries must be received between December 13, 2024 at 8:00am EST and March 31, 2025 at 11:59pm EST (“Entry Period”). To enter the Contest, you (the “Entrant”) must:

Step 1: Visit https://swimsuit.si.com/swimsearch2025 (“Website”) and follow the online instructions to complete and submit an online application (“Application”). The Application must include all requested information (e.g., name and email) and photographs and videos (“Application Materials”). Specific requirements for the photographs and videos to be submitted with the Application will be set forth on the Website. Entrant is also required to agree to the Entrant Release as part of the Application to obtain a liability and publicity release.

Step 2: Follow @si_swimsuit on Instagram and TikTok, and @theswimfluencenetwork on Instagram. Entrant’s Instagram or TikTok account must be set to “public” in order for your Entry to be eligible.

Upon completion of Steps 1 and 2, Entrant will be entered into the Contest (each an “Entry”). Entrant acknowledges that the Entry and any Application Materials may be featured on the Sports Illustrated Swim website, TikTok or Instagram channels during the Contest. ENTRANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF.

Entrant also has the option to create and post a TikTok or Instagram of Entrant’s choice (the “Social Post(s)”) with the hashtag #SISwimSearch25 for a chance to be featured on the Sports Illustrated Swim TikTok or Instagram channels. ENTRANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF. The Social Post is not a condition or requirement to enter the Contest.

ENTRANT UNDERSTANDS AND AGREES THAT ENTRANT’S ENTRY AND PARTICIPATION IN THE CONTEST DOES NOT CREATE THE RELATIONSHIP OF PRINCIPAL AND INDEPENDENT CONTRACTOR, NOR EMPLOYER AND EMPLOYEE, BETWEEN THE ENTRANT AND SPONSOR OR THE RELEASED PARTIES. THIS CONTEST IS NOT INTENDED TO CREATE, AND SHALL NOT CREATE, AN EMPLOYMENT RELATIONSHIP, A JOINT VENTURE, PARTNERSHIP, OR SIMILAR RELATIONSHIP, FOR ANY PURPOSE.

Limit one (1) Entry per Entrant. Multiple Entries from any Entrant will be void. Each Entry must be submitted by the Entrant. Automated or bulk Entries or Entries submitted by third parties may be disqualified by the Sponsor at its sole discretion. Any Entry generated by script, macro or other automated means or by any means which subvert the Entry process, including but not limited to, the use of multiple accounts and/or different identities, are void and Entrant may be disqualified from the Contest by Sponsor at its sole discretion. If Entrant does not have an Instagram or TikTok account, establishing an account is free. All Instagram or TikTok terms apply, as applicable. Entrant can return the account to “private” any time after the Winner has been announced. All Entries become the property of Sponsor.

REQUIREMENTS OF ENTRIES: The Entry, including the Application Materials, and Social Posts must be the original work of Entrant, must not have been previously published, must not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. The Entry should be true, accurate, and reflect Entrant’s true experiences and beliefs. Entrant must be the only individual appearing in the photographs and videos submitted in connection with the Entry. Entrant must own all rights in and to all Application Materials submitted with the Entry. No visible logos or paintings, photographs or other artwork may be included in the Application Materials. You may not use any A.I. (Artificial Intelligence) to edit or retouch your photographs or video submitted with the Entry or Social Posts.

Entries, including the Application Materials, and Social Posts may not contain, as determined by the Sponsor in its sole discretion, any content, imagery or materials that:
Are sexually explicit or suggestive, profane, pornographic or contains nudity;
Are unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activity(ies) that may appear unsafe or dangerous, or any particular political agenda or message;
Are obscene or offensive and/or endorses any form of hate or hate group;
Appear to duplicate any other submitted Entries;
Defame, misrepresent or contain disparaging remarks about the Sponsor, the Released Parties, Sponsor’s and the Released Parties products or services, or other people, products, services, companies or other third parties;
Contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
Contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
Contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
Communicate messages or images inconsistent with the positive images and/or good will Sponsor wishes to associate; and/or
Violate any law, rule or regulation.

Sponsor may disqualify any Entry and/or Entrant for any reason, including if it determines, in its sole discretion, that the Entry or Social Posts fails to conform to these Official Rules in any way or otherwise contains unacceptable content, imagery or materials.

VERIFICATION: SPONSOR RESERVES THE RIGHT TO REQUIRE PROOF OF IDENTITY FROM, AND/OR VERIFY THE ELIGIBILITY, OF ALL ENTRANTS, FINALISTS, AND WINNERS. AN ENTRANT MAY NOT ADVANCE TO THE NEXT ROUND OF THE CONTEST IF THEIR ELIGIBILITY AND IDENTITY HAVE NOT BEEN VERIFIED, IF REQUIRED BY SPONSOR. FAILURE TO PROVIDE SUCH PROOF OF IDENTITY AND/OR VERIFICATION OF ELIGIBILITY TO THE COMPLETE SATISFACTION OF THE SPONSOR WITHIN THE TIMELINE SPECIFIED BY THE SPONSOR MAY RESULT IN DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR. FINALISTS MUST BE WILLING TO SUBMIT TO A BACKGROUND CHECK BEING PERFORMED TO VERIFY INFORMATION PROVIDED BY THE FINALISTS AND TO CONFIRM THE FINALIST’S COMPLIANCE WITH THESE OFFICIAL RULES, OR FOR OTHER REASONS RELATED TO THE CONTEST.

PUBLICITY GRANT AND LICENSE/USE OF ENTRIES: Except where prohibited by law, Entrant’s submission of the Entry and participation in the Contest constitutes Entrant’s grant to Sponsor and the Released Parties of a fully paid up, worldwide right and license to print, publish, reproduce, distribute, publicly display, exhibit, exploit, broadcast, edit, modify, create derivate works from and otherwise use the Social Posts, the Entry and all materials contained therein (including, without limitation, the Application and Application Materials) and Entrant’s name, likeness, social media handle, and biographical information in any and all media now known or hereafter devised, in any manner or time, in whole or in part or together with other materials, and in all languages, for any purpose whatsoever, including without limitation, for purposes of advertising, production or trade, without any additional compensation or notification to, or permission from, Entrant or any third party. Entrant will provide Sponsor with a high-resolution copy of the photographs and video that are part of Entrant’s Entry. Any photographs or videos taken, or materials created during the Contest by Entrant, Sponsor or the Released Parties may, at Sponsor’s sole discretion, be published and/or used in or in connection with any business purpose. Sponsor has no obligation to make use of the rights granted herein. ENTRANT WAIVES ANY RIGHT TO INSPECT OR APPROVE THE FOREGOING PRIOR TO PUBLICATION AND CONSENTS TO ANY SUCH USE THEREOF. Sponsor and the Released Parties are not responsible for any unauthorized use of the foregoing by third parties.

SELECTION AND NOTIFICATION OF FINALISTS AND WINNER

Selection and Notification of Finalists: On an ongoing basis during and after the close of the Entry Period, Sponsor will select the top six (6) Entrants (the “Finalists”) based on the following equally weighted criteria: (i) photogenic quality, (ii) charisma, (iii) original and/or compelling stories, (iv) impact, and (v) overall personality. Sponsor will notify the Finalists of their status in either April or May 2025 via an email sent to the email address provided to Sponsor in the Entry. Finalists may be required to respond to the notification indicating whether they accept the Finalist Prize within the time indicated by Sponsor in the notification. Finalists must be able to attend 2025 Miami Swim Week with Sponsor, on the day(s) and times determined by Sponsor in its sole discretion, which will include walking the runway at the 2025 Sports Illustrated Swimsuit Runway Show and any other activities as determined in Sponsor’s sole discretion. Please note, 2025 Miami Swim Week is scheduled to run from May 28, 2025, through June 2, 2025.

Selection and Notification of Winner: On or before 2025 Miami Swim Week, a profile, photograph(s), video(s) and other content or materials, as determined by Sponsor in its sole discretion, featuring the Finalists will be posted on the Website. On or about May 27, 2025 at 8:00am EST through June 24, 2025 at 11:59pm EST (“Public Voting Period”), the public will have an opportunity to vote for who they think the Sports Illustrated Swimsuit Rookie should be by visiting the Website (“Public Votes”). During and after the conclusion of the Public Voting Period, representatives of Sponsor will judge the Finalists based on the following equally weighted criteria: (i) their confidence, (ii) in person and online presence, (iii) the Finalists embodiment the SI Swimsuit values of empowerment, individuality and professionalism, and (iv) fan engagement and overall public response throughout the Contest, including during 2025 Miami Swim Week and the number of Public Votes received. Sponsor will select one (1) Finalist as the winner of the Contest based off the foregoing criteria (the “Winner”) in August or September 2025. The Winner will be notified of their status via an email sent to the email address provided to Sponsor in the Entry. The Winner may be required to respond to the notification indicating whether they accept the Grand Prize within the time indicated by Sponsor in the notification.

ENTRANTS MAY NOT MAKE ANY PUBLIC STATEMENTS, RELEASES OR ANNOUNCEMENTS ABOUT BEING SELECTED AS A FINALIST OR WINNER PRIOR TO SPONSOR’S OFFICIAL ANNOUNCEMENT OF THE SAME WITHOUT SPONSOR’S PRIOR WRITTEN CONSENT.

If a Finalist or the Winner engages in any behavior during travel, including at 2025 Miami Swim Week, that Sponsor determines, in its sole discretion, is obnoxious, threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, then this may result in the Finalist’s or the Winner’s disqualification from the Contest (in Sponsor’s sole discretion) and forfeiture of any or all Prizes with no liability whatsoever. The Finalists and the Winner shall not negligently or willfully damage any hotel accommodation, location, or any other personal or real property of Sponsor or that of any other Finalist, person or entity, and Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by a Finalist or the Winner as a result of such conduct. In the event a Finalist or the Winner engages in behavior during travel, including at 2025 Miami Swim Week, that Sponsor determines in its sole discretion is illegal, tortious, or subjects the Finalist or the Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by the Finalist or the Winner as a result of such conduct.

Winning is contingent upon fulfilling all requirements set forth herein. Sponsor’s decisions on all matters related to the selection of the Finalists and Winner shall be final and binding. Sponsor may disqualify an Entrant at any time and for any reason in its sole discretion. Sponsor will not reveal the judging scores for any Entry. It is Entrant’s responsibility to monitor their email address. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify any Entrant. If Sponsor is unable to contact an Entrant, the Entrant fails to respond to any notification from Sponsor within the time frame indicated by Sponsor in such notification, or the Entrant fails to comply with any requirement set forth herein or fails to return any required document by the date requested, then Entrant may be disqualified in Sponsor’s sole discretion and their related Prize(s) or status in the Contest may be forfeited and, Sponsor may select an alternate Finalist or Winner in its sole discretion.

PRIZE(S)

Finalist Prize: Each Finalist will receive a prize consisting of: (i) one (1) round trip, economy class airfare to/from Miami, Florida; (ii) hotel accommodations at a 4-star hotel for a minimum of one (1) night; (iii) car service to/from Contest activities at 2025 Miami Swim Week; (iv) food and beverage during 2025 Miami Swim Week; and (v) walking the runway at the 2025 Sports Illustrated Swimsuit Runway Show (each, a “Finalist Prize”). If any Finalist resides within a 100-mile radius of Miami, Florida, Sponsor reserves the right to substitute round-trip ground transportation to/from Finalist’s residence in lieu of air transportation.

Grand Prize: In addition to the Finalist Prize, the Winner will receive a prize consisting of: (i) the opportunity to be featured in the 2026 SI Swim print issue; (ii) one (1) exclusive photoshoot for the 2026 SI Swim print issue; (iii) one (1) round trip, economy class airfare to/from the photoshoot location; (iv) hotel accommodations at a 4-star hotel for a minimum of one (1) night; (v) car service to/from the photoshoot location; (vi) food and beverage during photoshoot; and (vii) the opportunity to be featured in marketing for the 2026 SI Swim print issue, including behind-the-scenes content from the Winner’s photoshoot being shared across SI Swimsuit’s digital platforms and social media accounts (the “Grand Prize” and collectively with the Finalist Prizes, the “Prize(s)”).

Approximate Retail Value (“ARV”): The ARV for the Finalist Prize is $24,600 USD. The ARV for the Grand Prize is $4,500 USD. The ARV for the Prizes is $29,100 USD.

The Finalists and the Winner are responsible for obtaining all necessary travel documents for the Prizes, including, without limitation, a passport, driver’s license, state ID or other identification required for use in connection with travel. Travel arrangements for the Prizes will be made through Sponsor with an airline carrier or ground transportation company of Sponsor’s choice. The Finalists and the Winner must be available to travel on dates specified by Sponsor or risk forfeiting the Prizes. Certain travel restrictions may apply. The Finalists and the Winner are responsible for obtaining travel insurance and all other forms of insurance in connection with the Prizes and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for the Finalists or the Winner. Travel for the Prizes is subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier or other transportation company chosen by Sponsor as detailed in the passenger ticket contract. The passenger ticket contracts in use by the airlines or other transportation company shall constitute the sole contract with respect to the Finalists’ and the Winner’s transportation, and such contracts shall be solely between the Finalist and such transportation company and the Winner and such transportation company. Lost, stolen, or damaged airline or other transportation tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the Prizes. If a stopover occurs, the Prize travel will terminate, and the Finalist or the Winner will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation company or any other persons providing any of these services to the Finalists or the Winner, including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the Prizes may not be eligible for frequent flyer miles or upgrades. The Finalists and the Winner must comply with all hotel check-in requirements.

The Finalists and the Winner may not substitute, assign or transfer any Prizes, but Sponsor reserves the right, at its sole discretion, to substitute a prize of comparable or greater value. Any difference between ARV and actual value of the Prizes will not be awarded. The actual value of the Prizes awarded may be taxable as income, and any applicable federal, state and local taxes related to the acceptance and/or use of any Prize shall be the sole responsibility of the Finalists and the Winner. The Finalists and the Winner may be required to provide Sponsor with a valid social security number or tax identification number, as required by applicable law, for tax reporting purposes before any Prize will be awarded. If applicable, Sponsor will issue an IRS Form 1099 to the Finalists and the Winner, for the value of the Prize received.

All Prize details are in Sponsor’s sole and absolute discretion. Sponsor will provide Entrants with reasonable notice of any change to Prizes. Unclaimed Prizes will be forfeited. Prizes are not redeemable for cash. Limit one (1) Prize per person. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE CONTEST, PRIZES OR ANY OTHER ASPECT OF FINALISTS’ OR WINNER’S ACCEPTANCE OR USE OF THE PRIZES.

DISCLAIMERS, WAIVERS AND INDEMNIFICATION: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend this Contest at any time in its sole discretion. By entering the Contest, Entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor and it’s parents, affiliates, licensors, licensees, subsidiaries, advertising and promotion agencies, and each of their officers, directors, shareholders, employees, agents and representatives (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s Entry and participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded Prize (including any travel or activity related thereto). Except where prohibited by law, Entrant agrees to release all rights to bring any claim, action, or proceeding against the Sponsor arising out of its Entry and participation in the Contest, use of any Contest related website, or receipt or use of the Prizes or any element thereof. Except where prohibited by law, Entrant assumes full liability for an injury or damage caused, or claimed to be caused, by its Entry and participation in this Contest, the use of any Contest related website, or the acceptance, receipt, or use of the Prizes or component thereof.

Sponsor and the Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries, comments, messages, posts, email, mail or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the Prizes or in any Contest-related materials. Sponsor and the Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Sponsor and the Released Parties are not responsible for injury or damage to any person's computer or other device related to or resulting from participating in this Contest or downloading materials from or use of the Contest related websites. Persons who tamper with or abuse any aspect of the Contest or Contest related websites, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by a virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the Winner from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

WITHOUT LIMITING THE FOREGOING, THE CONTEST, INCLUDING ALL PRIZES, ARE 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.

ANY TRADEMARKS USED IN THE CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. THIS CONTEST IS NOT SPONSORED, ENDORSED, OR ADMINISTERED, OR ASSOCIATED, BY ANY SUCH TRADEMARK OWNER OR ANY SOCIAL MEDIA PLATFORM, INCLUDING, WITHOUT LIMITATION, X, META, INSTAGRAM OR TIKTOK.

ARBITRATION

IMPORTANT – PLEASE REVIEW THIS ARBITRATION SECTION AS THIS MAY AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION SECTION IS APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

MANDATORY ARBITRATION OF DISPUTES. ENTRANT AGREES THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES OR THE CONTEST (EACH, A “DISPUTE” AND COLLECTIVELY, THE “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION, UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS ARBITRATION SECTION, AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. ENTRANT AND SPONSOR AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE OFFICIAL RULES AND THAT ENTRANT AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION SECTION SHALL SURVIVE THE TERMINATION OF THESE OFFICIAL RULES.

Initial Dispute Resolution and Notification. Entrant and Sponsor agree that, prior to initiating an arbitration or other legal proceeding, Entrant and Sponsor will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Sponsor, Entrant must send a Notice of Dispute (“Notice”) by certified mail to the attention of Sponsor’s Legal Department at the Sponsor’s address set out in these Official Rules (with a copy sent via email to legal@minutemedia.com). For purposes of these Official Rules, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Sponsor must contain all of the following information: (1) your full name, address, and the email address associated with your Entry; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; (4) your signature verifying the accuracy of the Notice; and (5) if you are represented by counsel, a statement authorizing Sponsor to disclose information about you to your attorney. After receipt of your Notice, you and Sponsor shall engage in a good-faith efforts to resolve the Dispute for a period of sixty (60) days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither Entrant or Sponsor may initiate an arbitration or other legal proceeding related to the Dispute. If the Dispute is not resolved during the Informal Dispute Resolution Period, Entrant may initiate an individual arbitration as provided below.

Conducting Arbitration and Arbitration Rules. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY ARBITRATION MUST BE INITIATED BY ENTRANT WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION ACCRUING OR THE CONCLUSION OF THE CONTEST, WHICHEVER IS EARLIER, OR THE DISPUTE IS FOREVER BARRED (the “LIMITATION PERIOD”). Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Official Rules. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Official Rules are inconsistent, these Official Rules shall control. A Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Arbitration Section. If NAM fails or declines to conduct the arbitration for any reason, Entrant and Sponsor will mutually select a different arbitration administrator. If Entrant and Sponsor cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in New York, New York, unless Entrant and Sponsor agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this Arbitration Section, except that only a court of competent jurisdiction located in New York County, New York (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Official Rules or the Mass Filing procedures set forth below are unenforceable, unconscionable, void, or voidable.

Mass Filing Procedures. YOU AND SPONSOR AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Sponsor’s receipt of one or more Notices of substantially similar claims brought by or on behalf of twenty-five (25) or more claimants (including you) within a sixty (60) day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules” available at https://www.namadr.com/resources/rules-fees-forms/) to the extent not contrary to these Official Rules or barred per the Limitation Period. If a court determines that this requirement is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Official Rules.

Batching: You and Sponsor agree that your and other individuals' claims deemed by Sponsor as a Mass Filing may be filed with NAM in batches of no greater than fifty (50) individuals' claims at one time, with twenty (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for you and other claimants and twenty (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Sponsor. After your claim is batched and permitted to be filed as a Demand, you and Sponsor agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.

First (Bellwether) Batch: The first batch of up to fifty (50) Demands are the “Bellwether Arbitrations”. If your claim is included in the Bellwether Arbitrations, you and Sponsor shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference.

Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Sponsor in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.

Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Sponsor agree to confidentially mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Sponsor will pay the mediator's fees. The Global Mediation shall be completed within twenty (120) days of the selection of a mediator, unless extended by written agreement between you and Sponsor.

Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and one hundred (100) or more claims included in the Mass Filing remain unresolved, you or Sponsor may opt out of arbitration and elect to have your claim resolved in by the courts located in New York County, New York consistent with these Official Rules. You or Sponsor must exercise this election within forty-five (45) days of the completion of Global Mediation.

Sequential Arbitration of Remaining Batches: If neither you nor Sponsor opt out of arbitration, another batch of no greater than fifty (50) individuals' claims will be selected from the Mass Filing, with twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for claimants and twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Sponsor. If your claim is included in this next batch of fifty (50) claims, your claim will be filed with NAM, and you and Sponsor shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference. The process of batching up to fifty (50) individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.

Tolling. For any claim subject to these Mass Filing procedures, the Limitation Period as set forth in this arbitration section shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Sponsor opts out of arbitration as provided above.

Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Sponsor will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction in New York, New York (excluding attorney’s fees and costs). If Sponsor prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Sponsor reimbursement from you of Sponsor's arbitration filing fees and costs (including reasonable attorney’s fees and costs).

Offer of Settlement. Sponsor may, but is not obligated to, make a written offer to settle your claim at least fourteen (14) days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Sponsor’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Sponsor after its offer was made (including reasonable attorney’s fees and costs), unless otherwise prohibited by the underlying law governing your claim.

CLASS ACTION WAIVER. YOU AND SPONSOR AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. THIS ALSO MEANS THAT YOU AND SPONSOR MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER LANGUAGE IN THESE OFFICIAL RULES, YOU OR SPONSOR MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SPONSOR WAIVE ANY RIGHT TO A JURY TRIAL.

Effect of Changes on Arbitration. Notwithstanding the provisions of Arbitration Section, if Sponsor changes any terms of this Arbitration Section after the date you first accepted these Official Rules or any subsequent changes to these Official Rules, you may reject the new changes to this Arbitration Section by sending us written notice, personally signed by you, by certified mail to the attention of Sponsor’s Legal Department at the Sponsor address set out in these Terms (with a copy emailed to legal@minutemedia.com) within thirty (30) days of the date such change became effective, as indicated by the later of (1) the "Last Updated" date of the Official Rules you seek to reject or (2) the date of Sponsor’s email to you notifying you of such change. Even if you reject a change, you will remain subject to the last version of this Arbitration Section of the Official Rules that you had accepted.

LIMITATION OF LIABILITY. You acknowledge and agree that all claims, judgments and awards shall be limited to actual out-of-pocket costs (not to exceed US$10.00) incurred by you in submitting an Entry and participating in the Contest. In no event shall Sponsor be required to pay your attorneys’ fees or costs. YOU ACKNOWLEDGE AND AGREE THAT SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSS OR INJURIES SUFFERED BY YOU OR BY ANY THIRD PARTY (“SPECIAL DAMAGES”), ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ENTRY AND PARTICIPATION IN THE CONTEST, WHETHER BASED ON CONTRACT (INCLUDING THESE OFFICIAL RULES), TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE BEFOREHAND OR AFTERWARDS. You hereby waive all rights to claim Special Damages, all rights to have such damages multiplied or increased, and all rights to seek injunctive or other equitable relief. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR SPECIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

GOVERNING LAW AND JURISDICTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between you and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules. The applicable federal or state courts located in New York County, New York shall have sole jurisdiction over any Dispute that cannot be resolved by arbitration as set forth herein and you consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings.

SEVERABILITY. If any part of these Official Rules are deemed invalid, illegal, or unenforceable, all other terms, conditions, and provisions of these Official Rules shall nevertheless remain in full force and effect.

USE OF DATA: Information submitted by or collected from you in connection with the Contest, including personal information as defined by applicable data protection and privacy laws, shall be subject to Sponsor’s privacy policy, located at https://www.minutemedia.com/policies/privacy-policy. By entering this Contest, you expressly consent to Sponsor and the Released Parties sharing and using the personal information submitted only for the purposes described in these Official Rules, including without limitation for the purpose of selecting the Finalists and the Winner, administering the Contest, Prize fulfillment and sending updates and announcements from Sponsor concerning the Sports Illustrated brand and products. If you do not provide Sponsor with personal information required to enter the Contest, you will not be able to participate in the Contest. By entering the Contest, you expressly consent and agree that the personal information you provide in the Entry may be used by Authentic Brands Group, LLC and its licensees and their parents, subsidiaries, licensees, affiliated companies, agents, retailers, distributors, representatives, partners and subcontractors for marketing and commercial purposes.

CONFIDENTIALITY: You agree to keep confidential and not disclose the terms of these Official Rules or any confidential or proprietary information of Sponsor or the Released Parties that Sponsor discloses to you or you otherwise receive, learn or gain access to during your Entry and participation in the Contest. Sponsor may require, in Sponsor’s sole discretion, you to sign and return a Non-Disclosure Agreement as a condition of your participation in the Contest.

WINNERS LIST: To receive the name(s) of the winner(s), send an email to siswimsearch@si.com by no later than thirty (30) days after the end of the Contest.

SPONSOR: Sportority Inc. at 155 6th Avenue, Suite 202, New York, NY 10013.

Last Updated December 13, 2024