USTA EASTERN TENNIS GEAR SWEEPSTAKES OFFICIAL RULES (“OFFICIAL RULES”).
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram. Void where prohibited by law.
1. Eligibility and Agreement to Official Rules: "USTA Eastern Tennis Gear Sweepstakes" (the "Sweepstakes") is open only to legal residents of the fifty (50) United States (and the District of Columbia) except Arizona, who are at least thirteen (13) years old at the time of entry. Void where prohibited by law. Employees of USTA, USTA Eastern, and their affiliate and subsidiary companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Subject to all applicable federal, state, and local laws and regulations. An individual entrant who enters the Sweepstakes shall hereinafter be referred to as an “Entrant”. Entrants must be fully able and competent to enter into, abide by, and comply with these Official Rules. Participation in the Sweepstakes or entering an Entry constitutes Entrant's full and unconditional agreement to these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes, including eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator: USTA Eastern, 70 W Red Oak Ln, White Plains, NY 10604 (“Administrator”).
3. Dates of Sweepstakes: The Sweepstakes begins on 10/17/2019, at 6:15:00 a.m. Eastern Time ("ET") and ends on 10/23/2019, at 3:00:00 p.m. ET (the "Entry Period"). Administrator's database clock is the official time-keeping device for the Sweepstakes. Proof of submission of an Entry is not proof of receipt.
4. How to Enter: No Purchase Necessary. There is one way to enter this Sweepstakes:
During the Entry Period, visit the USTA Eastern Instagram account located at https://www.instagram.com/usta_eastern/ and follow the account. Tag two other Instagram users in the comments section of the Tennis Gear Sweepstakes posted on 10/17/2019, at 6:15:00 a.m. to enter (such complete action, an “Entry”). Any additional comments from an Entrant tagging two new users will count as an additional Entry to the Sweepstakes.
Use of any automated system to participate is prohibited and will result in disqualification. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the Instagram account used to enter will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holder.
The Entry must not, in the sole discretion and judgment of the Administrator, (1) contain content, words, images, statements or text that is considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation, socioeconomic group (or other protected class), or disability; (2) contain any threats to any person, place, business, group, or entity, or contain material that is unlawful; (3) contain materials or content that promote bigotry, racism, hatred or harm against any group or individual, or that promote discrimination based on age, race, ethnicity, national origin, religion, sexual orientation, socioeconomic group (or other protected class), or disability; (4) contain any materials or content that depict illegal acts, are sexually explicit, inappropriate, indecent, obscene, hateful, tortious, violent, defamatory, slanderous or libelous; (5) contain other inappropriate content which includes, but is not limited to, any display of smoking, alcohol, illegal drugs, firearms, harming of animals, nudity, provocative/suggestive outfits or poses; or (6) contain materials or content inconsistent with Administrator’s reputation and image. The Entry must not contain material that is unlawful, or in violation of or contrary to the laws and regulations in any jurisdiction where the Entry is created.
5. Drawings: One (1) Grand Prize winner will be selected by random draw from among all eligible Entries received (the "Grand Prize Winner"). The random drawing will be conducted on or about October 23, 2019. The random drawing will be conducted by Administrator, whose decisions on all matters relating to this Sweepstakes are final and binding. The selected winner and awarding of the prize is subject to the eligibility and forfeiture provisions set forth herein. Odds of winning depend on the number of eligible entries received. Winner will be contacted by Instagram message within five (5) business days of the conclusion of the Entry Period ("Prize Notification") with instructions on how to claim the prize. Failure to respond to Administrator's Prize Notification within five (5) days will result in forfeiture of the prize and selection of an alternate winner. Return of Prize Notification as undeliverable will result in disqualification and an alternate winner will be selected. Administrator shall have no liability for any potential Prize Notification that is lost, intercepted or not received by any potential winner for any reason. It is your sole responsibility to notify Administrator in writing if you change your Instagram account information. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR, AND THE DECISIONS OF ADMINISTRATOR SHALL BE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
6. Prize: ONE (1) GRAND PRIZE WILL BE AWARDED IN THE SWEEPSTAKES TO THE GRAND PRIZE WINNER. The Grand Prize consists only of the following: a Head Laser MP Racquet and Head Tour Team Tennis Backpack, shipped to the Grand Prize Winner (the “Grand Prize”). Grand Prize has an approximate retail value of $150.00. Actual value of the Grand Prize may vary. If the actual value of the Grand Prize or any portion thereof is less than stated, the difference will not be awarded. No additional compensation will be awarded to the Grand Prize Winner. No cash substitution, assignment, or transfer of the Grand Prize is permitted. In the event the Grand Prize or any component of the Grand Prize is unavailable, Administrator reserves the right to substitute a prize component of equal or greater value. The Grand Prize Winner shall not be permitted to (a) replace the Grand Prize or a prize component with another prize or prize component, (b) transfer or assign the Grand Prize to another person, or (c) redeem the Grand Prize for cash. The Grand Prize is awarded to the Grand Prize Winner without representations or warranties, express or implied. Administrator shall pay the costs for shipment of the Grand Prize to the Grand Prize Winner’s address within the United States. Any and all taxes, expenses, fees, and costs associated with acceptance and use of the Grand Prize, including all federal, state, local, and other taxes, that are not expressly stated in these Official Rules as a responsibility of Administrator are the Grand Prize Winner’s sole responsibility.
7. Release: By entering the Sweepstakes, all Entrants agree to release and hold harmless Administrator, Instagram, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of the Grand Prize, except where prohibited by law. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes and use or redemption of the Grand Prize.
8. General Conditions: Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator 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 attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term.
9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt or use or misuse of the Grand Prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
10. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts of the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will Entrant be permitted to obtain, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.
12. Winner List: Winner List requests will only be accepted after the promotion end date (listed above). Requests for copies of the list of Sweepstakes Grand Prize winners should be accompanied by a self-addressed, stamped envelope mailed to: Winner’s List “USTA Eastern Tennis Gear Sweepstakes”, USTA Eastern, 70 W Red Oak Ln, White Plains, NY 10604.
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.