CUSTOM HAND-PAINTED RYDER SATCHEL SWEEPSTAKES

OFFICIAL RULES

Set forth below are the rules for the Custom Hand-Painted Ryder Satchel Sweepstakes (the “Sweepstakes”).  This document sets forth the entry requirements, the judging criteria, ownership of entries and other important rules governing the Sweepstakes (collectively, these “Official Rules”).  By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters related to the Sweepstakes.

 

1. SPONSOR.  The Sponsor of the Sweepstakes (the “Sponsor”) is Fossil Group, Inc., 901 S. Central Expressway, Richardson, TX 75080.

 

2. PROMOTION PERIOD.  The Sweepstakes begins September 10, 2018 at 12:00 A.M. CT and ends on September 15, 2018 at 11:59 P.M. CT (the “Promotion Period”).  The Sponsor’s computer is the official time keeping device for the Sweepstakes, and the Sponsor is the official timekeeper for the Sweepstakes. Entrants are responsible for determining the corresponding time zone in their respective jurisdiction.

 

3. ELIGIBILITY.  The Sweepstakes is open to legal residents of the United States who are eighteen (18) years or older at the time of entry.  Employees of the Sponsor, and each of its subsidiaries, parents, partners, affiliates and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employee’s immediate families (spouses, children, siblings, parents) and persons living in the same household as such person, whether or not related, are not eligible to participate in the Sweepstakes.  The Sweepstakes is subject to all applicable national, federal, state and local laws and regulations and is void where prohibited by law.  Proof of eligibility must be provided upon request.

 

4. HOW TO ENTER.  To enter the Sweepstakes, entrants must (a) follow Sponsor's Instagram or Twitter account during the Promotion Period, and (b) tag a friend (who must also follow such Sponsor account during the Promotion Period) using the hashtag “#sweeps” in the comments to one of Sponsor’s Sweepstakes announcements posted on its Instagram or Twitter account, as applicable. Limit one (1) entry per person during the Promotion Period.  The Sponsor shall have no liability for any submission that is lost, intercepted or otherwise not received by the Sponsor. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

 

Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void. Any attempt by an entrant to obtain more than the allowable entry by using multiple/different Instagram or Twitter accounts, identities or any other online methods will void all of that entrant’s entries.

 

THE INFORMATION PROVIDED BY ENTRANTS WILL BE USED TO ADMINISTER THE SWEEPSTAKES.  

 

5. PRIZE.  One (1) potential winner (the “Winner”) will be selected by the Sponsor or its designee during the Promotion Period, and one (1) prize shall be awarded to the Winner. The Winner will win a custom hand-painted Ryder Satchel. The approximate retail value of the sole prize to be awarded during the Sweepstakes is $298.00 USD.

 

The Winner may not substitute, assign or transfer the prize or redeem the prize for cash.  The prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Sponsor will pay for shipment of the prize to the Winner, but the Winner must provide a ship-to address of a location within the area of eligibility within seven (7) days of request from the Sponsor or the Winner shall forfeit his/her prize.  The Winner is responsible for all applicable national, federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.  The awarding of any prize is contingent upon full compliance with these Official Rules. The Sponsor reserves the right to substitute any prize for one of equal or greater value in its sole discretion.

 

6. ODDS.  Many will enter, but only one (1) will win. The odds of winning depend upon the number of eligible entries received during the Promotion Period. The Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes during the Promotion Period.

 

7. WINNER SELECTION.  The Sponsor will select the Winners at random from the eligible entries immediately at the end of the Promotion Period and will announce the Winner on or around September 21, 2018. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize shall be forfeited and may be awarded to an alternate winner.

 

8. NOTICE TO WINNERS.  Attempts to notify a Winner will be made by contacting the Winner via direct message through the Instagram or Twitter account associated with the selected entry. The Sponsor will send to the Winner a design survey which the Winner must complete and return to the Sponsor within seven (7) days following receipt of such. The Sponsor is not responsible for Internet or other communication problems of any kind. If, despite reasonable efforts, a Winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such Winner, such Winner will forfeit his or her prize and an alternate winner may be selected. The Winner acknowledges and agrees that, if the Winner fails to complete and return the design survey according to the time period allotted herein, he or she shall effectively forfeit any and all right to customize the prize.

 

9. VERIFICATION OF WINNER.  A Winner may be required to complete and return an Affidavit of Eligibility, IRS Form W-9 or other tax related forms, Release of Liability/Publicity or other documentation as requested by the Sponsor within seven (7) days of the date of notification or an alternate winner may be selected.  If such requested documents are not returned within the specified time period, the prize or prize notification is returned as undeliverable, the Sponsor is unable to contact any Winner or any Winner is not in compliance with these Official Rules, the prize will be forfeited and, at the Sponsor’s discretion, an alternate Winner may be selected.

 

10. LIABILITY.  THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF THE SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, TWITTER OR INSTAGRAM, AS APPLICABLE, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY'S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES; (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS; (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND THE SPONSOR’S CONTROL OR AS OTHERWISE PERMITTED HEREUNDER; (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES; (VI) HUMAN ERROR; (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF); (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SPONSOR OR BY AN ENTRANT; (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; (X) ANY DAMAGE TO ENTRANT'S (OR ANY THIRD PERSON'S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES; (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS; (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SPONSOR, OR ANY OF THEIR AGENTS OR EMPLOYEES; OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSOR. WINNER HEREBY ACKNOWLEDGES THAT THE 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, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW.

 

11. ACCEPTANCE.  Acceptance of a prize constitutes such Winner's permission for the Sponsor to use such Winner's name and Instagram or Twitter handle, as applicable, provided in connection with the Sweepstakes to announce the winners and for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  By entering the Sweepstakes and accepting a prize, each Winner agrees to be bound by these Official Rules and to conform to all federal, state and local laws and regulations.

 

12. RIGHTS OF THE SPONSOR.  The Sponsor reserves the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law. The Sponsor reserves the right, in its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person.

 

13. PRIVACY.  Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Sweepstakes will be used in accordance with the online privacy policy available at https://www.fossil.com/us/en/customer-care/privacy-and-security.html. Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.

 

14. GOVERNING LAW.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the state of Texas without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Sweepstakes or these Official Rules must exclusively be brought in the federal, state or local courts located in Dallas, Texas.

 

15. PUBLICITY.  By submitting an entry, entrant hereby grants the Sponsor an unlimited license to use the entry in any form or manner and allowing the Sponsor the right to alter or amend the entry.  Entrant will not object to any use by the Sponsor of the entry and is waiving all moral rights associated with the entry.

 

16. WINNERS LIST.  For the Winner’s name (according the information provided by the Winner), available after October 1, 2018, send a separate, self-addressed, stamped envelope to Winners List, Custom Hand-Painted Ryder Satchel Sweepstakes, 901 S. Central Expressway, Richardson, Texas 75080 USA or send an email to legal@fossil.com requesting the list of Winners (according the information provided by them) in the Fossil Sweepstakes. Winners list requests must be received by November 1, 2018.

 

17. DISCLAIMER.  The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.