FOSSIL DALLAS GALLERIA CONTEST

OFFICIAL RULES

Set forth below are the rules for the Fossil Dallas Galleria Contest (the “Contest”).  This document sets forth the entry requirements, the judging criteria, ownership of entries and other important rules governing the Contest (collectively, these “Official Rules”).  By participating in the Contest, 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 Contest.

 

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

 

2.              PROMOTION PERIOD.  The Contest begins April 20, 2019 at 2:00 P.M. CT and ends on April 20, 2019 at 4:00 P.M. CT (the “Promotion Period”).  The Sponsor’s computer is the official time keeping device for the Contest, and the Sponsor is the official timekeeper for the Contest. Entrants are responsible for determining the corresponding time zone in their respective jurisdiction.

 

3.              ELIGIBILITY.  The Contest is open to legal residents of the United States (excluding residents of Rhode Island) 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 Contest (collectively, the “Contest 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 Contest.  The Contest 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 Contest, entrants must (a) follow the Dallasites 101 Instagram account, @dallasites101, and the Sponsor’s Instagram account, @fossil, during the Promotion Period, (b) find the Sponsor’s influencer partner featured in the Sponsor’s Instagram posts promoting the Contest (the “Sponsor Influencer”) at the reopening of the Fossil retail store in the Dallas Galleria Shopping Center, located at 13350 Dallas Pkwy, Dallas, TX 75240, and (c) say the password provided in the Sponsor’s Instagram posts to the Sponsor Influencer upon locating her during the Promotion Period. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

 

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

 

5.              PRIZE.  A maximum of three (3) potential winners (each, a “Winner”) will be selected by the Sponsor or its designee during the Promotion Period, and a maximum of one (1) prize shall be awarded to each Winner. Each Winner will win one (1) prize package with an approximate retail value ranging from $189 USD to $473 USD.  The first place prize package will consist of one (1) Fossil large leather good to be chosen from among four available options (each with an approximate retail value ranging from $248 USD to $298 USD) and one (1) Fossil hybrid watch to be chosen from among four available options (each with an approximate retail value ranging from $155 USD to $175 USD). The second place prize package will consist of one (1) Fossil Gen 4 watch to be chosen from among four available options (each with an approximate retail value of $275 USD) and one (1) Fossil small leather good to be chosen from among four available options (each with an approximate retail ranging from $48 USD to $78 USD). The third place prize package will consist of one (1) piece of Fossil’s women’s jewelry to be chosen from among two available options (each with an approximate retail value ranging from $34 USD to $38 USD) or one (1) Fossil small leather good to be chosen from among two available options (each with an approximate retail value of $48 USD), and one (1) Fossil hybrid watch to be chosen from among four available options (each with an approximate retail value ranging from $155 USD to $175 USD).

 

The maximum approximate retail value of all prizes given away during the Sweepstakes is $1,049 USD. A Winner may not substitute, assign or transfer a prize or redeem a prize for cash.  Each 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 deliver the applicable prize to each Winner in person. Each 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 three (3) 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 Contest during the Promotion Period.

 

7.              WINNER SELECTION.  The first three (3) entrants to correctly complete all of the steps mentioned in Section 4 of these Official Rules for purposes of entering the Contest will be selected as the Winners. In the event a Winner fails to comply with these Official Rules prior to delivery of the applicable prize, such prize shall be forfeited and may be awarded to an alternate winner.

 

8.              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 immediately upon receipt of a prize, or an alternate winner may be selected.  If such requested documents are not returned within the specified time period, the prize, 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

 

9.              LIABILITY.  BY ENTERING THE CONTEST, 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 CONTEST ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR AND INSTAGRAM 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 CONTEST; (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY CONTEST 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 CONTEST; (VI) HUMAN ERROR; (VII) 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; (VIII) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; (IX) ANY DAMAGE TO ENTRANT'S (OR ANY THIRD PERSON'S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE CONTEST; (X) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS; (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SPONSOR, OR ANY OF THEIR AGENTS OR EMPLOYEES; OR (XII) 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.

 

10.           ACCEPTANCE.  Acceptance of a prize constitutes such Winner's permission for the Sponsor to use such Winner's name and Instagram handle provided in connection with the Contest 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 Contest 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.

 

11.           RIGHTS OF THE SPONSOR.  The Sponsor reserves the right to suspend or cancel the Contest 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 Contest, 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 Contest without notice to the disqualified or banned person.

 

12.           PRIVACY.  Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Contest 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.

 

13.           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 Contest 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 Contest or these Official Rules must exclusively be brought in the federal, state or local courts located in Dallas, Texas.

 

14.           WINNERS LIST.  For a list of Winners’ names (according to the information provided by them), available after April 21, 2019, send a separate, self-addressed, stamped envelope to Winners List, Fossil Dallas Galleria Contest, 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 Dallas Galleria Contest. Winners list requests must be received by June 20, 2019.

 

15.           DISCLAIMER.  The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.