Midwest Sports Sweepstakes Giveaway
OFFICIAL RULES AND REGULATIONS

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.

OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. VOID OUTSIDE THE UNITED STATES, PUERTO RICO, U.S. TERRITORIES AND WHERE PROHIBITED OR RESTRICTED BY LAW.

ENTRY IN THIS SWEEPSTAKES GIVEAWAY CONSTITUTES YOUR ACCEPTANCE OF THESE RULES.

The Midwest Sports Sweepstakes Giveaway (the “Sweepstakes”) is sponsored and administered by Midwest Sports (the “Sponsor”) and cross-promoted by the Western & Southern Open (the “Promotional Partner”). The Sweepstakes shall be subject to these official rules, which may be found at 2020 Sweepstakes Rules (these “Rules”), and by entering the Sweepstakes, all Participants (as defined below) agree to abide by and be bound by these Rules and the decisions of the Sponsor in administering these Rules.

The Sweepstakes is a promotion where a random entry is chosen each day to win a designated prize (as defined below). There are 5 prize packages.

1. BINDING AGREEMENT. By entering the Sweepstakes , you are agreeing to these Rules, so please read them carefully. Each submission of an email entry in the Sweepstakes constitutes your full and unconditional agreement to be bound by these Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.

2. SWEEPSTAKES PERIOD. On Monday, August 17, 2020, Sponsor will publicize information about the Sweepstakes and begin accepting email entries. Winners will be chosen each day beginning August 24, 2020 through Friday August 28 2020. Entries will be accepted until on or about Friday, August 28, 2020 10:00 AM EST. Rules will be posted at Midwestsports.com. Sponsor reserves the right to reschedule, postpone or cancel the Sweepstakes and final evaluation at any time, for any reason, in its sole discretion.

3. ELIGIBILITY. To enter the Sweepstakes, a Participant must be: (i) at least eighteen (18) years old at the time of entry; and (ii) a legal resident of the United States or the District of Columbia, (each “Participant” and collectively, the “Participants”). Employees, officers and directors of Sponsor and Promotional Partner as well as any of their respective shareholders, affiliates, subsidiaries, parent companies, licensors, advertising and promotional agencies, web providers and all of their officers, directors, shareholders, employees and agencies (collectively, the “Sweepstakes Entities”), as well as members of the immediate families (mother, father, sister, brother, child, husband, wife, etc.) and members of the households (whether related or not) of Contest Entities’ officers, directors, shareholders, employees are NOT eligible to participate in the Contest and/or win a Prize.

Sponsor reserves the right to verify the eligibility of any Participant at any time. At Sponsor’s request, Participants may be required to supply government-issued proof of age, address and eligibility or forfeit the right to receive a Prize. Void in Puerto Rico, all other United States territories and possessions, overseas military installations and where prohibited or restricted by law. All federal, state and local laws apply.

Being declared a Winner (as defined below) is contingent upon fulfilling all requirements set forth herein.

4. ENTRY REQUIREMENTS. NO PURCHASE OR PAYMENT NECESSARY. Participants may enter the Giveaway by providing a valid email address.

5. HOW TO ENTER. Entries may be submitted at any time during the Sweepstakes Period by entering a valid email address. Entering the same email address multiple times, does not increase chances of winning.

6. WINNER NOTIFICATION. Each day a winner will be randomly chosen and notified via email. Their email address will be taken out of the pool so it cannot be chosen again. The Sponsor shall announce each official winner at or around 12:00 PM ET on each day of the Sweepstakes. Winners will be instructed to email sponsor their contact information including their full legal name, mailing address, phone number, apparel sizing information and/or racquet grip size and string preference if applicable. It is solely the Participant’s responsibility to notify Sponsor in writing if the Participant changes his or her email or postal address during the Sweepstakes Period. If a potential winner is determined to be ineligible when contacted by Sponsor, or if the potential winner is in any way non-compliant with the Rules, is unresponsive to Sponsor’s attempts of notification or declines to accept the Prize, or in the event that an e-mail is returned undeliverable or a message fails to reach the potential winner, the Prize may be forfeited by such Participant. In the event of any of the foregoing or any similar occurrence, Sponsor reserves the right, in its sole discretion, to disqualify the potential winner and to select the randomly chosen email entry as an alternate potential winner, time permitting.

Sponsor reserves the right to announce any Winner at or after such time that Sponsor has verified and/or confirmed such Winner in its sole discretion. Sponsor may announce no Winners if no Winners have been verified and/or confirmed.

7. PRIZES. Participants acknowledge and understand that they are entering the Sweepstakes for an opportunity to win one of five prize packages. (A) Babolat Pure Aero Racquet and Bag (B) Fila tennis dress, men’s shirt and John Isner signed shoes,(C) Dunlop FX500 Racquet and Bag, (D) Head Speed racquet and bag, (E) $1,000 Midwest Sports gift card, 4 logo hats, and 4 tickets to the 2021 Western and Southern Open Finals. All prizes subject to availability. The Approximate Retail Value (the “ARV”) of each Prize is as follows: (A)$340.00 (B)$300.00 (C)$330.00 (D)$320.00 (E) $2,200.00

Actual value of each prize may vary; no difference between actual value and ARV will be awarded. The Winner is solely responsible for any other expenses including taxes or other expenses. Limit one Prize per person per household. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize or any of its components with a prize of comparable or greater value should the Prize or any of its components become unavailable for any reason. Each Winner is solely responsible for any and all other expenses, including all local, state and federal income taxes or other expenses. Each Prize is solely for personal use.

Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. No other prize elements except those specifically described herein are awarded. Federal, state and local taxes and any incidental expenses not set forth herein, if any, shall be the responsibility of each Winner. All expenses relating to acceptance of the Prize not explicitly stated herein, including but not limited to taxes are the responsibility of each Winner. Sponsor, and/or any other relevant party, reserves the right to remove or to deny entry to Participants who behave in a disruptive manner, or act with the intent to annoy, abuse, threaten or harass any other person, whether in person or through social media or electronic messaging.

8. PUBLICITY. By entering the Sweepstakes, Participants agree to allow Sweepstakes Entities to use their name, images, likeness, and social media handle, if they are chosen as a prize winner without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to websites, use in press releases, use on social media sites including, but not limited to, Facebook, Twitter and Instagram, and use in connection with any events associated with the Sweepstakes. To this end, Participants waive any rights to privacy or publicity or laws of similar effect.

9. INDEMNITY. To the maximum extent permitted by law, each Participant indemnifies Sweepstakes Entities at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising. To the maximum extent permitted by law, each Participant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Sweepstakes-related activity, including any claims relating to use, misappropriation or disclosure of any materials submitted herein.

10. SWEEPSTAKES CONDITIONS. This Sweepstakes is subject to all applicable federal, state and local laws. By participating, Participants agree to be bound by these Rules and all decisions of Sponsor, and waive any right to claim ambiguity in matters regarding this Sweepstakes or these Rules. Sponsor reserves the right to terminate, end-early, postpone, delay, or change the schedule of the Sweepstakes at any time, for any reason, in its sole discretion, including the selection of Winners. Sponsor also reserves the right to disqualify any Participant if, in its sole discretion. All decisions of Sponsor are final in all matters relating to this Sweepstakes.

11. NO WARRANTIES. By entering the Sweepstakes, each Participant agrees and acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the Prize items. Without limiting the foregoing, everything regarding this Sweepstakes, including Prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

12. DISQUALIFICATION; PRIVACY. Sponsor may disqualify or prohibit an entrant from participating in the Sweepstakes or winning a Prize in this Sweepstakes or any other contest or promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other Participants or Sponsor representatives. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS SWEEPSTAKES WILL RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

By entering into the Sweepstakes, Participants are providing their information to Sponsor. Any information collected during a Participant's participation in the Sweepstakes, including personally identifiable information, will be collected by Sponsor and used by Sponsor, its shareholders, affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Rules and in accordance with Sponsor's Privacy Policy as stated at Privacy Policy.

13. LIMITATION OF LIABILITY. By participating in this Sweepstakes, Participants agree that the Sweepstakes Entities, and each of their respective shareholders, affiliates, parent companies, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable entries, e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of entry information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction.

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes, (b) injury or damage resulting from participation in the Sweepstakes or receipt, redemption or use of any prize, (c) the violation of any third-party privacy, personal, publicity or proprietary rights, (d) typographical or printing errors in these Rules or any Sweepstakes materials, (e) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (f) if for any reason, this Sweepstakes is not capable of running as planned or to Sponsor’s complete satisfaction, or if there is change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), computer virus, tampering, technical failure, fraud, equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, infectious disease, pandemic or any other cause beyond any of the Released Parties’ control (collectively, the “Force Majeure”), or as otherwise permitted in these Rules, (g) any interruptions in or postponement, cancellation or modification of the Contest, (h) human error, (i) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (j) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (k) interruption or inability to access the Contest or any online service via the Internet due to hardware or software compatibility problems, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.

14. MOBILE DISCLOSURE. By using your wireless mobile device in connection with the Sweepstakes, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.

15. GOVERNING LAW AND JURISDICTION. This Sweepstakes is governed by the laws of the United States of America and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, and the forum and venue for any dispute shall be in Cincinnati, Ohio without giving effect to the conflict of laws provisions thereof.

16. ARBITRATION. By entering the Sweepstakes, Participants agree that 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 that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sweepstakes will be decided by binding arbitration. All disputes between Participants and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Cincinnati, Ohio, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or have damages multiplied or otherwise increased, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

17. GENERAL. Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute discretion, that a Participant has entered or attempted to enter the sweepstakes using multiple e-mail addresses, identities, proxy servers or like methods, every one of that Participant’s entries will be declared null and void, and that Participant will be ineligible to win a Prize. Sponsor reserves the right to disqualify any Participant found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation affected by such methods and the disqualification of the Participant using the same. If any provision of these Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Rules valid and enforceable. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.

In the event of any conflict with any Sweepstakes details contained in these Rules and details contained in any Sweepstakes promotional materials (including but not limited to email, print advertising, promotional media), the details of the Sweepstakes as set forth in these Rules shall prevail.

18. RULES & WINNERS. Copies of these Rules are available at Midwest Sports, 11613 Reading Road, Cincinnati, Ohio 45241 or can be viewed on 2020 Sweepstakes Rules. For a copy of the official Contest rules or a list of Winners (available after August 30, 2020), send a self-addressed stamped envelope to: Midwest Sports, 11613 Reading Road, Cincinnati, Ohio 45241 Attn C. Leonard Requests must be received by Monday October 5, 2020.

19. SPONSOR. Midwest Sports, 11613 Reading Road, Cincinnati, Ohio 45241. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Western & Southern Open or any of the prize manufacturers. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor.

Sponsor shall not be liable for any technical, pictorial, typographical or editorial errors or omissions contained herein.

© 2020 Midwest Sports

All rights reserved.