2024 Labor Day Weekend Giveaway Sweepstakes Release

DECLARATION OF ELIGIBILITY, RELEASE OF LIABILITY, AND PUBLICITY RELEASE

I am submitting this Declaration of Eligibility, Release of Liability, and Publicity Release (“Declaration”) to Swimply, Inc. (“Swimply”), understanding that Swimply will rely on this Declaration in connection with Swimply ’s 2024 Labor Day Weekend Giveaway Sweepstakes (“Sweepstakes”) and subject to my eligibility, my being awarded the Prize, as defined in the Sweepstakes’ Official Rules (“Official Rules”) and to which I have reviewed and understand and agree to be bound by. 

I acknowledge and agree that this Declaration is effective as of the signature date below. I participated in the Sweepstakes as an entrant and have been notified by Swimply that I was selected as a potential winner. I understand that pursuant to the Official Rules, Swimply may verify my eligibility as an entrant before I am declared the winner and am deemed eligible to receive the Prize. In furtherance of the terms and conditions of the Official Rules and Swimply’s verification process, I am submitting this Declaration.

I understand that I must complete this Declaration and return it to Swimply and that if I fail to do so or if I make any false statements in this Declaration, I may be disqualified as a winner and may not be entitled to receive the Prize. The Official Rules remain in full force and effect and shall govern notwithstanding anything to the contrary in this Declaration. Without limiting the foregoing, I acknowledge and agree that all decisions of Swimply are final in matters relating to the Sweepstakes.

1. Eligibility. In order for my eligibility to be confirmed, I hereby represent the following:
   1. I am 18 years of age or older.
   2. I am a legal resident of one of the 50 US states or the District of Columbia.
   3. I am not an employee of Swimply, or their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, nor am I an immediate family member and/or living in the same household of each. 
   4. I have not perpetrated any fraud or deception in connection with the Sweepstakes, and I have not sought to influence the outcome of the Sweepstakes other than by participating as expressly permitted in the Official Rules, and that all information that I have provided to Swimply in connection with the Sweepstakes is complete and accurate.
2. Prize Conditions. I acknowledge and agree that there are certain restrictions and conditions concerning Sponsor’s awarding of the Prize, and the receipt of the Prize by the winner, stated in the Official Rules. I acknowledge and agree to, as the case may be, abide by, comply with or otherwise fulfill such restrictions and conditions, which include in part the following: 
   1. I agree that all taxes, costs and expenses associated with the receipt and/or use of the Prize shall be my sole and exclusive responsibility and that I shall report the value of the Prize for tax purposes as required by law.
   2. No cash redemption or substitution for the Prize is allowed.
3. Release of Liability. I, on behalf of myself, my heirs, executors and administrators, hereby release, forever discharge and agree to waive, release, and to hold harmless, Swimply and its affiliates, parents and subsidiaries and its and their respective owners, officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all claims of liability arising from any claims, damages, losses, expenses and liability of any kind (collectively, “Losses”) arising from or otherwise related to the Sweepstakes, including without limitation any Losses arising from or otherwise related to my participation in the Sweepstakes or from my acceptance or use of any Prize awarded. 
4. Publicity Release. Consistent with the Official Rules, except where prohibited by law, I hereby affirm my agreement to Sponsor’s right to use my name, likeness, voice, photograph, opinions and/or other information provided by me for commercial or noncommercial purposes, including advertising and promotional purposes relating to the Sweepstakes, in any and all media now known or hereafter known worldwide, including but not limited to Swimply’s website and accounts on various social media sites (such as Instagram, YouTube or Facebook), in perpetuity without additional payment, compensation, consideration, notice to or approval from me. Tennessee residents may opt-out of this Publicity Release by initialing here:____________.

Signature: _________________________________

Printed Name: ______________________________

Date: _____________________________________

Home Address: _____________________________

Phone Number: _____________________________

Email: ____________________________________