PROMOTIONAL TERMS AND CONDITIONS
MCLAREN x K-SWISS SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: Open to legal residents of the fifty (50) United States including the District of Columbia (excluding residents of Puerto Rico and all U.S. territories and possessions) who are eighteen (18) years of age or older or are the age of the majority in their respective states or jurisdictions (whichever is greater) as of date of entry, have Internet access and an Instagram account with the profile set to public. To obtain the maximum of two (2) entries to the promotion, you will need to have both an Instagram account and a TikTok account with the profile for both accounts set to public (or you may enter via the alternative method of entry as further explained below). If you do not have an Instagram account or TikTok account, you may create either account for free by visiting www.instagram.com or www.tiktok.com. Employees and their immediate family members (parents, siblings, children and spouse, and persons residing in the same household whether related or not) of K-Swiss Inc. (“Sponsor”) and McLaren Racing Limited (“McLaren”), and of their parents and affiliated members, companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the McLaren x K-Swiss Sweepstakes (the “Sweepstakes”), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor or McLaren, are not eligible to enter or win. Void where prohibited by law.
2. Sweepstakes Period: The Sweepstakes begins on May 16, 2024 at 9:00 a.m. PDT and ends on May 19, 2024 at 11:59 p.m. PDT (the “Sweepstakes Period”). Sponsor or its designee shall be the sole determiner of all Sweepstakes-related time periods.
3. How to Enter: There are two ways to enter the Sweepstakes:
1. Entry Method One: During the Sweepstakes Period, using your Instagram account, you (“Entrant”) must complete the following steps to enter:
1. Follow @kswiss;
2. Like our Instagram post announcing the Sweepstakes; and
3. Tag one (1) Instagram friend in the comments beneath the post using “#sweepstakes.”
After entering as outlined above, you may enter a second time, using your TikTok account, by taking the following additional steps:
- Follow @official kswiss; and
- Like our Sweepstakes video promoting the Sweepstakes.
Limit one (1) entry per person on Instagram and one (1) entry per person on TikTok; maximum of two (2) entries in total per eligible Entrant for this Sweepstakes.
1. Entry Method Two: To enter the Sweepstakes online without completing the steps above, access a digital entry form by clicking here and providing the requested information (i.e., first and last name, mailing address, email address, and date of birth). Limit two (2) entries per person via this alternative method of entry. This method of entry may be used in place of – but not in addition to – the entry steps set forth above for Instagram or TikTok, or for both. But, for the avoidance of doubt, you must still have an Instagram account with the profile set to public to be eligible to enter the Sweepstakes; and regardless of the method of entry, there is a maximum of two (2) entries in total per eligible Entrant for this Sweepstakes.
Receipt of entries will not be acknowledged. Late and/or incomplete entries are null and void. Neither Sponsor, nor its employees, agents, or representatives, are responsible for late, incomplete, corrupted, or misdirected entries. By entering, all Entrants hereby agree to abide by these Official Rules.
4. Privacy Policies: Personal information provided by the Entrant to enter the Sweepstakes is subject to the Sponsor’s Privacy Policy which can be found at https://kswiss.com/pages/privacy-policy. Instagram and TikTok retain their own privacy policies and Sponsor is not responsible for the terms and conditions thereof.
5. How to Win: One (1) winner (“Winner”) will be determined by a random drawing to take place on or about May 20, 2024. The Winner will be announced on or about May 20, 2024 in a Story posted by Sponsor on Instagram. Winner will be notified by Instagram Direct Message within approximately twenty-four (24) hours following the announcement, with the message to provide instructions for how to contact Sponsor or its designated representative. Upon receiving notification, Winner must reply to Sponsor or its designated representative within twenty-four (24) hours of the notification. In the event Sponsor or its designated representative is unable to successfully contact or communicate with Winner, Sponsor may conduct another random drawing and award the prize (as defined below) to the next eligible Entrant.
6. Prize: One (1) Winner will receive a choice of one (1) pair of K-Swiss Si-18 Premier sneakers with an approximate retail value (“ARV”) of $140.00 USD or one (1) pair of K-Swiss Aero-Active sneakers with an ARV of $120.00 USD, each style in red and white colors. Total ARV of prize is $120.00 - $140.00 USD, depending on the style of sneaker selected by Winner. To receive the prize, Winner must be in compliance with these Official Rules as solely determined by Sponsor. In the event Winner is unable to claim or otherwise utilize the prize, it may be awarded to the next eligible Entrant selected.
Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
ALL FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prize and its actual value will not be awarded. Winner agrees to accept the prize “as is.” Sponsor or its representative may provide the Winner with an IRS Form 1099 showing the approximate retail value of the prize for the calendar year in which prize is awarded.
Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, in its sole discretion) offer substitutions or an alternative to the prize awarded under this Sweepstakes. In addition, Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. The prize awarded is subject to the restrictions and limitations noted in these Official Rules, as well as any restrictions or limitations noted on the prize and/or included with the prize.
7. General Entry Rules: Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, accounts, or for a proxy individual, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries as determined by Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Sweepstakes. Mutilated, lost, illegible, corrupted, or incomplete entries that do not conform to these Official Rules will be deemed ineligible, disqualified and void.
In the event of a dispute, entry information will be declared made by the Entrant’s Instagram account information.
Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, spokepersons, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late, incomplete, garbled, or mutilated entries; technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in Winner notification or other Sweepstakes-related communications; (iii) or for any printing errors in these Official Rules. If a printing, electronic, or other error results in more prizes being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason the Sweepstakes cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), then, in such event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and randomly select a Winner from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.
ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.
8. Release and Indemnification: By entering, Entrants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (i) Sponsor, and its parent, subsidiaries, affiliates, advertising and promotion agencies, may use, edit, and alter their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information and the prize for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet, including, but not limited to, social media platforms, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (ii) Entrants acknowledge, understand, and agree that each of them assumes liability for, and all risks of, any and all injuries (including without limitation, personal injury, illness, adverse reaction, or death) or damages caused, or claimed to be caused, by participating in the Sweepstakes or the receipt or use of the prize, and that Entrants, their heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Sweepstakes Entities, together with McLaren, Instagram and TikTok, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the Entrants’ participation in the Sweepstakes and/or the receipt or use of the prize.
Each Entrant hereby waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Each Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and the Winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.
Winner may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion. As applicable, Winner must timely sign and return the aforementioned materials to Sponsor or its representatives, or the prize may be forfeited and awarded to the next eligible Entrant selected.
9. ARBITRATION CLAUSE. EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF. ENTRANTS UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN ENTRANT AND THE SWEEPSTAKES ENTITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”) AND CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER ENTRANT NOR SPONSORS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND THEY HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND THEY FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
10. Winners List and Official Rules: You may request the name of the Winner by sending a self-addressed, stamped envelope by July 20, 2024 to Sponsor at: K-Swiss Inc., 523 W 6th St. Suite 534, Los Angeles, CA 90014, Attn: McLaren x K-Swiss Sweepstakes. During the Sweepstakes Period, Official Rules requests may be sent to the same address. Rules requests must include a self-addressed, stamped envelope. Residents of Vermont may omit return postage for rules requests.
11. No Instagram Participation: Neither Instagram nor TikTok in any way sponsors, endorses, or administers, or is otherwise associated with, the Sweepstakes.
12. Sponsor: K-Swiss Inc., 523 W 6th St. Suite 534, Los Angeles, CA 90014.
13. Copyright Notice: The Sweepstakes and all accompanying materials are copyright ©2024 K-Swiss Inc. All rights are reserved.
Welcome 10% OFF Order
Receive 10% off entire order with welcome discount code. Discount code valid for 30 day from initial send date. Promotion excludes collaborations & sale. Offer valid online only. Discount reflected in shopping cart with discount code. Discount does not apply to gift cards, non-qualifying products, taxes or shipping charges. No adjustments on previous purchases. Not valid for cash, cash equivalent or with any other offer. Promotional prices are reflective of USD. Offers subject to change without notice. Exclusions may apply. We reserve the right to cancel any order due to unauthorized, altered or ineligible use of discounts and to modify or cancel any promotion.