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JOLYN Model Contest

 

At JOLYN, we do active swimwear but YOU are the reason we do it.

How do you do active?

We’re looking for photos or videos that capture the JOLYN spirit.

We’re fun, athletic, and don’t take ourselves too seriously and we want to see how you express the JOLYN spirit in social media.

A JOLYN employee based committee of five will be reviewing the photos and videos to find the one submission that captures the quintessential JOLYN woman.

We want to see you in a JOLYN suit of your choice being active. We will be judging the photos and video content on how closely it fits our brand’s look and feel.

HOW TO ENTER:

  • Post a pic or video of you in your JOLYN on IG or TikTok
  • Tag @jolynclothing and use the hashtags #jolyn and #jolyngetaway
  • Tell us why you love JOLYN in the caption!

PRIZE: 

  • Round trip flight to Huntington Beach, CA
  • Two nights stay at the Shorebreak Hotel
  • Be the featured model in a JOLYN photoshoot
  • and MORE!

GOOD LUCK!

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THE JOLYN MODEL CONTEST OFFICIAL RULES

(“OFFICIAL RULES”)

At JOLYN, we do active swimwear, but you’re the reason we do it. How do you do active? We’re looking for photos or videos that capture the JOLYN spirit. We’re fun, athletic, and don’t take ourselves too seriously, and we want to see how you express the JOLYN spirit in social media. Read the JOLYN Model Contest Official Rules to learn how to participate.

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT.

The JOLYN Model Contest (this “Contest”) begins on May 25, 2023, at 9 a.m. Pacific Time (the “Start Date”) and ends on June 30, 2023, at 11:59 p.m. Pacific Time (the “Contest Period”).

Each individual who enters this Contest (“Entrant”, “you”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Jolyn Clothing Company, LLC (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection of all Contest entries (each, an “Entry”) and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments and concerns related to the Contest. 

ELIGIBILITY:

 Open to legal residents of the United States who are 18 or older on the Start Date. Employees of Sponsor, its affiliates, subsidiaries, and suppliers (collectively the “Employees”), immediate family members and/or those living in the same household of Employees, and JOLYN Ambassadors and JOLYN Affiliates, are not eligible to participate. This Contest is subject to all applicable federal, state and local laws, rules and regulations and is void where prohibited or restricted by law.

HOW TO ENTER:

To enter the Contest, each Entrant must (i) have an account on either Instagram or TikTok that has been live for at least ninety (90) days prior to the Start Date; (ii) follow @jolynclothing; (iii) post a photograph or video of the Entrant wearing a JOLYN swimsuit on Entrant’s Instagram or TikTok account, including a statement about why the Entrant loves JOLYN, either in the caption (if submitting a photo) or in the video (if submitting a video); and (iv) tag #jolyn, #jolyngetaway and @jolynclothing. Alternatively, an Entrant may mail a photo or video file submission, together with such Entrant’s name, phone number and email, to JOLYN Clothing Company, LLC, 16390 Pacific Coast Highway, Suite 201, Huntington Beach, California 92649, Attn: Carly Ashen before the end of the Contest Period. Accounts created, logins effectuated and submissions made after the Contest Period will not be eligible to enter this Contest. The Entry must comply with Instagram’s or TikTok’s Terms of Use, as applicable, and these Official Rules. Entrant must be the rightful owner of the Entry photo or video and have the permission of any person who appears or is identified in such photo or video to use such person’s name, image and likeness in connection with the Entry. If any minor appears in the Entry, the Entrant must be that minor’s parent and/or legal guardian.

The Entry must not:

  • contain material that infringes or violates any applicable laws, rules, regulations or any third-party rights, including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) rights of privacy or publicity; or (3) any confidentiality obligation;
  • contain subject matter which is, or could be considered, in Sponsor’s sole discretion, obscene, pornographic, violent, defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
  • contain any disparaging, defamatory or derogatory references to any Released Parties, as defined herein; or
  • violate any law, statute, regulation or ordinance.
PRIZE:

Subject to these Official Rules and Sponsor’s verification, there will be one (1) winner of the Contest (the “Winner”) and one (1) prize (the “Prize”). The Prize will consist of (i) round-trip airfare of up to Two Thousand Five Hundred U.S. Dollars ($2,500 USD) to allow the Winner to travel from a location within the United States to Huntington Beach, California, (ii) two (2) nights at the Shorebreak Hotel or a similar boutique property for a cost of up to One Thousand Two Hundred U.S. Dollars ($1,200 USD); (iii) round-trip transportation to and from the departure and arrival airports, up to a maximum of Two Hundred U.S. Dollar ($200 USD); and (iv) participation in a photo shoot organized by Sponsor (the “Photo Shoot”), with the resulting photos featured on Sponsor’s website homepage and on Sponsor’s Instagram channel. The Prize has an approximate retail value of Three Thousand and Nine Hundred U.S. Dollars ($3,900 USD). Actual value of the Prize may vary based on point of departure and airfare fluctuations.  Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the Winner.

At the time Sponsor notifies the Winner, the Winner must choose one (1) of three (3) timeframes in August of 2023 presented by Sponsor for Prize fulfillment. Travel for the Prize must take place within one of the designated timeframes. If the Winner is unavailable for travel during any of the designated time frames, the Prize will be forfeited and may be awarded to an alternate Winner at Sponsor’s sole discretion. Exact travel dates and arrangements may be subject to availability. The Winner must be available for the duration of the Winner’s stay in Huntington Beach, California. In advance of the Photo Shoot, Winner will be required to execute a separate written Photo Shoot Agreement with Sponsor, governing Winner’s participation in the Photo Shoot and Sponsor’s ownership of all photographs and other materials produced therefrom.  Preparation for and participation in the Photo Shoot will take no more than eight (8) hours in total on a single day, and Sponsor will provide food and drink during the Photo Shoot. Sponsor will schedule the Photo Shoot to start no earlier than 8:00 a.m. and conclude no later than 9:00 p.m. Pacific Time.

Only a Winner with a residential address within the United States will receive the Prize, pursuant to the Eligibility criteria above. The use of specific brands in connection with the Prize does not imply that Sponsor has any affiliation with or endorses such brands. No prize substitution shall be permitted, except that Sponsor reserves the right to substitute the Prize for another prize of equal or greater value if circumstances so require, in Sponsor’s sole discretion. All taxes on the Prize are the sole responsibility of the Winner. 

LIMITATIONS:

Entrants must comply with all terms, conditions, obligations and restrictions contained in these Official Rules. Bulk, automated and/or third-party submissions are prohibited and will be disqualified. Any attempt to use or obtain a different entry method than those prescribed in these Official Rules will void the related Entry and the Entrant may be disqualified at Sponsor’s discretion. Sponsor retains sole and absolute discretion to disqualify Entries that are incomplete, corrupted, infringing, fraudulent, lost or misdirected, or otherwise not in compliance with the Official Rules.

WINNER SELECTION:

 After the Contest Period, Sponsor’s panel of five (5) JOLYN employees will judge the Entries based on the following criteria (the “Judging Criteria”):

  • Authenticity: The Entry must show the Entrant in an authentic way, without using filters or other editing features to “touch up” the Entrant’s appearance.
  • Product Visibility: The Entry must show the JOLYN swimsuit in a compelling way.
  • Activity: The Entry must show the Entrant engaging in physical activity while wearing the JOLYN swimsuit (e.g., diving, water skiing, snorkeling, doing cannonballs, riding a slide at the waterpark, etc.)
  • Fun: The Entry must convey the Entrant’s positive attitude and sense of fun.
  • Lighting and Composition: The Entry must be visually appealing.

The best Entries will successfully channel the Judging Criteria and reflect the JOLYN brand’s look and feel. Judges will not have any familial or financial relationship with any Entrants known to Sponsor. 

 Sponsor will select the Winner using the Judging Criteria on or about July 6, 2023, from among all eligible Entries received. The Winner is subject to verification.

Sponsor will notify the Winner via direct message on either Instagram or TikTok, as applicable based on the Entry submitted, or by telephone or email (if Entrant submitted an Entry by mail), within five (5) days following selection of the Winner. Sponsor will also announce the Winner in a post on Sponsor’s Instagram account. The Winner must provide appropriate documentation and execute a declaration and release, in addition to all information required for tax reporting, as applicable, to claim a Prize. Odds of winning will vary depending on the number of eligible Entries received.

Sponsor shall make two (2) attempts to contact the Winner. Sponsor shall have no liability for the Winner’s failure to receive direct messages or for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the Prize within fourteen (14) days from the time the second award notification was sent by Sponsor, or fails to timely return completed and executed tax documentation, and a declaration and release, as required, the Prize may be forfeited and an alternate Winner will be selected. Receipt by the Winner of the Prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws, rules and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (DETERMINED IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION. If a Winner does not claim the Prize within the period set forth above, or is disqualified, Sponsor will select a new Winner in accordance with the above. 

PUBLICITY RELEASE:

 The Winner, by acceptance of the Prize, grants to Sponsor and its designees the right, in their sole discretion, to publicize such Winner’s name, other biographical information, social media username, image, likeness, Entry and Prize information for advertising, promotional, trade and/or any other purpose, on Sponsor’s website and Sponsor’s social media pages, and in any other media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. Notwithstanding the foregoing, nothing herein shall be construed as an obligation of the Sponsor or its designees to publicize the Winner’s name, other biographical information, social media username, image, likeness, Entry or Prize information.

WAIVER, RELEASE OF LIABILITY, AND INDEMNITY:

 By participating in the Contest and submitting an Entry, you fully and unconditionally agree to (i) be bound by and accept all terms of these Official Rules, including all Entry requirements, and (ii) irrevocably release, discharge and waive any and all claims, actions and causes of action against, and hold harmless Sponsor and any other person or entity associated with the Contest, Contest data or any Prize, and each of their respective parents, affiliates, subsidiaries, officers, directors, employees, licensors, licensees, distributors, dealers, retailers, representatives, and agents (collectively, “Released Parties”) from and against any injury to person (including death) or property, damage, liability, loss, cost or expense that may occur, directly or indirectly, in whole or in part, from the participation in the Contest, or from the receipt or use of any Prize or participation in any activity related to the receipt or use of any Prize, including air travel.

 By entering this Contest, you agree to the following statement: 

 “I expressly understand that Section 1542 of the Civil Code of California provides substantially 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 DEBTOR.’

 The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.”  

 By entering this Contest, you agree to indemnify, defend, and hold harmless the Released Parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense whatsoever (including reasonable attorneys’ fees and expenses, including any such fees and/or expenses incurred in enforcement of this provision) (collectively, “Losses”), which the Released Parties may incur, suffer, or be required to pay arising out of your acts or omissions relating to the Contest and/or the Prize.

 INTELLECTUAL PROPERTY:

 By submitting an Entry, you grant and assign to Sponsor all intellectual property rights in, to and arising from your Entry and your involvement in the Contest, including, without limitation, the copyright in your Entry photo or video and all other tangible embodiments thereof, in any form and in any media (“Entry IP”). You represent and warrant that: (i) you have the right, power and authority to grant the foregoing rights; and (ii) all Entry IP will be your original work and the use thereof will not infringe, misappropriate or otherwise violate the intellectual property, privacy or any other rights of any third party. You acknowledge that Sponsor shall be free to license or assign the Entry IP to Sponsor’s affiliates and to third parties. 

LIMITED LIABILITY:

 SPONSOR AND THE RELEASED PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR, AND HEREBY DISCLAIM, ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO: (A) ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS PROMOTION; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE CONTEST; (D) INACCESSIBILITY OR UNAVAILABILITY OF ANY DATA, NETWORK OR WIRELESS SERVICE, THE INTERNET OR ANY WEBSITE OR ANY COMBINATION THEREOF; OR (E) ANY INJURY OR DAMAGE TO ENTRANT’S OR TO ANY OTHER PERSON’S COMPUTER OR MOBILE DEVICE, OR TO ENTRANT’S ENTRY, WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE CONTEST. UNDER NO CIRCUMSTANCES, EXCEPT TO THE MINIMUM EXTENT REQUIRED BY LAW, WILL ANY ENTRANT BE PERMITTED TO OBTAIN, OR WILL SPONSOR BE LIABLE FOR, ANY DIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONNECTION WITH THIS CONTEST OR THE PRIZE.

 

If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, weather events, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor reserves the right to award the Prize (if at all) in a manner deemed fair and equitable by Sponsor in Sponsor’s discretion. Sponsor and Released Parties shall not have any further liability to any Entrant in connection with the Contest.

DISPUTE RESOLUTION:

 READ THIS PROVISION CAREFULLY AS IT WAIVES YOUR LEGAL RIGHT TO SUE IN COURT,

TO A JURY, AND TO PURSUE A CLASS ACTION. As a condition of entering this Contest, each Entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any Prizes awarded (each, a “Claim”), shall be (a) arbitrated on an individual basis only, without resort to any form of class action, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (b) settled by binding arbitration in Los Angeles, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then-governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (ii) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.

CHOICE OF LAW:

Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants, the Winner, Sponsor, and Released Parties in connection with the Contest, shall be governed by and construed and interpreted in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules that would cause application of the laws of any jurisdiction other than the State of California. 

PRIVACY:

Any personal information you share with Sponsor during the course of your participation in the Contest will be subject to and treated in accordance with Sponsor’s privacy policy posted at https://jolyn.com/pages/privacy-policy. You expressly acknowledge and agree that any information you submit as part of an Entry will be provided only to Sponsor. By entering the Contest, you grant Sponsor permission to include your information in a publicly available Winner list, as applicable.

WINNER LIST:

For a Winner list, visit https://jolyn.com/pages/jolyn-model-contest. The Winner’s name will be posted after winner confirmation is complete. Alternatively, the Winner’s name can be obtained by sending a self-addressed envelope to Jolyn Clothing Company, LLC, 16390 Pacific Coast Highway, Suite 201, Huntington Beach, California 92649, Attn: Carly Ashen, or an email to contest@jolyn.com.

 OFFICIAL RULES:

Entrants are encouraged to print out a copy of these Official Rules for future reference. Alternatively, a copy of these Official Rules can be obtained by sending a self-addressed envelope to Jolyn Clothing Company, LLC, 16390 Pacific Coast Highway, Suite 201, Huntington Beach, California 92649, Attn: Carly Ashen or an email to contest@jolyn.com.

SPONSOR:

 Jolyn Clothing Company, LLC, a Delaware limited liability company with offices at 16390 Pacific Coast Highway, Suite 201, Huntington Beach, California 92649.