The following promotion is intended for viewing in the 50 United States, D.C., and Canada only and is construed and evaluated according to Pennsylvania law. Do not enter this Promotion if you are not a legal resident of, and located in, the 50 United States or D.C. at the time of entry.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the Miraclesuit and Magicsuit Giveaway (the “Promotion”), each entrant (or his or her parent or
legal guardian if the entrant is under the age of majority in his or her state of residence) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Miraclesuit and Magicsuit (“Sponsor”), which are final and binding in all respects. Sponsor is responsible for the collection and selection entries and the Promotion’s overall administration.
Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States, the District of Columbia, and Canada who are at 18 years of age or older. Entrants under the legal age of majority in their state of residence must have permission to enter the Promotion from their parent or guardian.
Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, and agencies and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter or win. Void in all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.
2. TIMING: The Promotion begins 2/28/2023
at 9:00am EST and ends on 3/05/2023 at 11:59pm EST (the “Promotion Period”).
3. HOW TO ENTER: Online: To enter online, visit www.miraclesuit.com/instagramgiveaway (the “Site”) between 2/28/202 at 9:00am EST and ends on 3/05/2023 at 11:59pm EST, like the giveaway post, tag a friend in the comments, and follow both @miraclesuitswim and @magicsuitswim on Instagram. To be valid, entries must be received no later than 3/05/2023 at 11:59PM EST.
4. ENTRY CONDITIONS: The authorized account holder of the Instagram account used to enter the Promotion is deemed to be the entrant. The “authorized account holder” is the natural person assigned to an Instagram account by an internet access provider, online service provider, or other organization responsible for assigning Instagram accounts for the domain associated with the submitted account. Each potential winner may be required to show proof of being the authorized account holder.
5. PRIZE: A winner will receive one (1) swimsuit from Miraclesuit valued at $175-$250, one (1) coverup from Magicsuit valued at $80-$100 and one (1) Fallon and Royce clear tote valued at $120. Prize fulfillment is based on availability. Please allow two (2) weeks for prize delivery from the time a winner provides delivery information to Sponsor. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable. Sponsor need not substitute a prize based on the winner’s request.
6. ODDS OF WINNING: The odds of winning depend on the total number of eligible entries received.
7. WINNER SELECTION: The potential winning entrant will be selected by random drawing on or about 3/06/2023. Potential winning entrants will be contacted via Direct Message on Instagram. If a potential winning entrant is determined by Sponsor to be unqualified to participate in this Promotion or does not respond to Sponsor’s correspondence within 48 hours, the potential winning entrant will be disqualified and a new potential winning entrant will be selected by random drawing.
8. REQUIRED DOCUMENTATION: The potential winning entrants may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in the notification correspondence. Any entrant who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. If a potential winning entrant is considered a minor in the legal jurisdiction in which the entrant resides, then that entrant’s parent or legal guardian may be required to execute and return the Affidavit. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an entrant (using the contact information provided in his or her registration) within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of the
prize. PUBLICITY: Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use of the entrant’s name, likeness, photograph, voice, opinions, hometown, state, and any other information submitted to Sponsor by entrant for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
10. GENERAL CONDITIONS: Potential winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware, or software failures, malfunctions, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions or unforeseen schedule changes that may limit an entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro, or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel, or suspend this Promotion should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control affect the administration, security, or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to entrant’s contact information. Any individual who attempts or otherwise encourages, directly, or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant who tampers with the entry process. Sponsor has the sole discretion to disqualify entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Promotion, or any other entrant. Sponsor has no obligation to return any entry consideration, if applicable, submitted by a disqualified entrant.
11. RELEASE: As a condition of participating in the Promotion, entrants release the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost, or expense whatsoever including property damage, personal injury, and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance, or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation, or invasion of privacy and merchandise delivery.
12. LIMITATION OF LIABILITY: The Promotion Entities are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete, or untimely entries that may limit entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant’s or any other person’s computer relating to participation or inability to participate in the Promotion; inability to access the Site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Site) or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the Site is not considered proof of delivery or receipt. Illegible, duplicate, and incomplete entries will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render entrants ineligible and all associated entries will be void.
14. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of any other state’s laws. Entrants hereby submit to the exclusive jurisdiction and venue of an court sitting in Northampton County, Pennsylvania for the purposes of any suit related to the Promotion and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
Miracle Ventures, Inc.
500 William Street
Pen Argyl, Pennsylvania 18072