Supporters Club Terms and Conditions

Supporters Club

Terms & Conditions

EFFECTIVE DATE: April 19, 2021

USA Swimming Foundation is a 501(c)3 nonprofit organization. The estimated value of the GEAR (DEFINED BELOW) is $11.30 PER ITEM. Federal law limits your charitable income tax deduction to the excess of your contribution over the value of goods and services received. Eligible Donations (defined below) are deemed transactional gifts and do not count towards our giving membership levels. ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING “I AGREE” CONSTITUTES ACCEPTANCE OF THE TERMS HEREIN AND CONSENT TO USE YOUR EMAIL FOR MARKETING PURPOSES.

1. SUPPORTERS CLUB

By participating in the USA Swimming fan based club (“Supporters Club”), you (“you” or “participant”) warrant you have read and agree to abide by these Supporters Club Terms and Conditions and the terms of use set forth at https://www.usaswimming.org/foundation/giving/supporters-club/supporters-club-terms-and-conditions, which are incorporated herein by reference (collectively, the "Terms and Conditions") and you are not prohibited from participating in the Supporters Club. Clicking “I accept” when creating an account for the Supporters Club constitutes your full and unconditional acceptance of these Terms and Conditions and the decisions of USA Swimming, the USA Swimming Foundation and its subsidiaries, affiliates, employees and agents (collectively, " USA Swimming"), which are final and binding in all respects. You agree to release, discharge, indemnify and hold harmless USA Swimming and its subsidiaries, affiliates, shareholders, employees, officers, directors, agents, representatives, advertising and promotion agencies and suppliers from any liability arising from or related to the Supporters Club and/or the receipt or use of the Gear (defined below), including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Further, participant fully and unconditionally releases all claims for consideration, copyright infringement and all other claims of any nature relating to the use of participant's entry, name or likeness.

2. ELIGIBILITY

This Supporters Club is open to legal permanent residents of the U.S. and District of Columbia, 18 years of age and older. Proof of age and identity must be furnished upon request. USA Swimming reserves the right in its sole discretion to cancel, terminate, suspend or amend this Supporters Club at any time for any reason without prior notice. USA Swimming further reserves the right to amend these Terms and Conditions at any time without prior notice, in its sole discretion. Further, USA Swimming reserves the right to disqualify any donor for any reason, including, but not limited to, violation of these Terms and Conditions or infringement of the rights of a third-party. USA Swimming is not responsible for any printing or typographical errors in any material associated with the Supporters Club.

3. Donation

You will receive a 12 month subscription to the Supporters Club if you donate $50.00 USD or more in a partially nontaxable donation (an “Eligible Gift”) through USA Swimming’s website at https://www.usaswimming.org/foundation#supporters-club. USA Swimming Foundation is a 501(c)3 nonprofit organization. The estimated value of each piece of Gear (defined below) is $11.30 USD. Federal law limits your charitable income tax deduction to the excess of your contribution over the value of goods and services received. In connection with your Eligible Gift, you may be required to provide your name, postal address, birth date, payment information and e-mail address. Eligible Donations do not count towards any other USA Swimming clubs, memberships or fundraising campaigns including, without limitation, Champions Club, Benefactor, or Trustee memberships. Personal information collected from an on-line purchase is subject to the Privacy Policy set forth at https://www.usaswimming.org/foundation/giving/supporters-club/supporters-club-terms-and-conditions, which is incorporated herein by reference.

4. Fan Gear

For each Eligible Gift, you will receive one USA Swimming item (“Gear”) valued at approximately $11.30 USD. Each separate Eligible Gift will allow you to select one piece of Gear. Gear may not be transferred, returned or substituted by a participant. USA Swimming does not represent or warrant that all items identified as Gear will be available throughout the entire duration of the Supporters Club. USA Swimming reserves the right to change any actual Gear at any time, even after a participant’s selection. USA Swimming does not warrant or make any representations in connection with the Gear, express or implied. The provided approximate retail value of the Gear is an approximation. Any difference between the approximate retail value and the actual cost of any Gear will not be awarded.

5. Exclusions

Participants submitting donations under false pretenses will be disqualified. If for any reason the Internet portion of the Supporters Club is not capable of running as planned, including infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Supporters Club, USA Swimming reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Supporters Club. USA Swimming reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify, or suspend the Supporters Club. USA Swimming has no obligation to notify a participant of his/her disqualification. Any attempt by a participant to undermine the legitimate operation of the Supporters Club may be a violation of criminal and civil laws and, should such an attempt be made, USA Swimming reserves the right to prosecute and seek damages from any such participant to the fullest extent of the law.

6. Marketing

By accepting these Terms and Conditions, you authorize USA Swimming to use your name, likeness and image in its advertising and promotional materials.

7. Email Promotions and Marketing

By accepting these Terms and Conditions, you consent to receive marketing emails from USA Swimming. If you do not wish to have your email address used by USA Swimming to promote our own or third parties' products or services, you can opt-out by unsubscribing to a promotional email. This opt out does not apply to information provided to USA Swimming as a result of other transactions or memberships.

7. Email Promotions and Marketing

8. Third Party Payment Processor

The information you provide on the online donation form is used for billing purposes, to process the donation, and to reach you if we have trouble processing your order. By accepting these Terms and Conditions, you consent to have your financial information processed by our third party processor. The third party payment processor accepts American Express, Visa, Mastercard, Discover, for all donations. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) you are duly authorized to use such credit card for the donation, and (c) charges incurred by you will be honored by your credit card company.

9. No Substitutions or Returns

All Gear is nonrefundable and nonexchangeable. Once you select your Gear, you may not change or alter your selection; provided, however, USA Swimming may alter or change your selection (as noted above).

10. Shipment Terms

(i) We will arrange for shipment of the Gear to you. Please check the individual product page for specific delivery options. We will pay all shipping and handling charges specified during the donation process.
(ii) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

11. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF USA SWIMMING, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.

12. Miscellaneous

Everything for the Supporters Club is provided as is, without warranty of any kind, express or implied. By entering, participants consent to the exclusive venue and jurisdiction of the state and federal courts of Denver, Colorado, in all disputes arising out of or related to the Terms and Conditions, the Gear or the Supporters Club. The Supporters Club and the Terms and Conditions are governed and construed under the laws of the State of Colorado, excluding its conflict of laws principles. In the event of conflict or inconsistency between the Supporters Club Terms and Conditions, the terms of use located at https://www.usaswimming.org/foundation/giving/supporters-club/supporters-club-terms-and-conditions and/or the privacy policy located at https://www.usaswimming.org/landing-pages/privacy-policy, the Supporters Club Terms and Conditions shall prevail.