Misfit Wearables Instagram Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes.
- SPONSOR: The sponsor of the Sweepstakes is Fossil Partners, L.P., 901 S. Central Expressway, Richardson, TX 75080.
THE INFORMATION YOU PROVIDE WILL BE USED TO ADMINISTER THE SWEEPSTAKES.
- PROMOTION PERIOD: The Misfit Wearables Instagram Giveaway (“Sweepstakes”) begins on July 24, 2017 at 9:00am CDT and ends on July 28, 2017 at 11:59pm CDT (“End Date”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Entrants are responsible for determining the corresponding time zone in their respective jurisdiction.
- ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States. Entrants must be 18 years old or older at time of entry. Employees of 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 employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, 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.
Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise entries, or related materials that the Sponsor deems to be obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Sponsor believes may violate any applicable law or regulation or the rights of any third party. Sponsor reserves the right, in its sole discretion, to verify any element of any entry or related materials, request additional information and to disqualify any entrant whose participation may subject Sweepstakes, Sponsor or Sponsor’s customers to controversy, negative publicity, scorn or ridicule.
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 accounts, identities or any other online methods will void all of that entrant’s entries.
- PRIZE: There will be two (2) potential winners (each a “Potential Winner”) selected by Sponsor or a designee and a maximum of one (1) prize shall be awarded to each winner. Two (2) Potential Winners will be selected from the valid, eligible entries received during the Promotion Period. Each prize consists of one (1) Misfit Phase wearable device. Approximate Retail Value of each prize is $195 USD.
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). Potential Winner must provide a valid ship-to address to Sponsor within ten (10) days of request from Sponsor or such Potential Winner may forfeit his/her prize. 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 in the US. 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. Sponsor reserves the right to substitute any prize for one of equal or greater value in its sole discretion.
- ODDS: Many will enter, only two (2) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
- WINNER SELECTION: Sponsor will select the Potential Winners at random from the eligible entries during the Promotion Period. Each Potential Winner will be selected at random from the eligible Sweepstakes entries within ten (10) days of the End Date. 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 may be forfeited and awarded to an alternate Potential Winner.
- NOTICE TO WINNERS: Attempts to notify the Potential Winners will be made by contacting the Potential Winners via direct message through the Instagram account associated with the selected entries. Sponsor is not responsible for Internet or other communication problems of any kind. If, despite reasonable efforts, a Potential Winner does not respond within ten (10) 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 Potential Winner, such Potential Winner will forfeit his or her prize and an alternate winner may be selected. Potential Winners may also be announced on the @Karen.Lao and @MisfitWearables Instagram accounts.
- VERIFICATION OF WINNER: Potential Winners may be required to complete and return an Affidavit of Eligibility, IRS W9 form or other tax related forms, Release of Liability/Publicity or other documentation as requested by Sponsor within ten (10) days of the date of notification or an alternate Potential Winner may be selected. If such requested documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact any Potential Winner or any Potential Winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate Potential Winner may be selected.
- 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 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 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 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 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.
- Acceptance of a prize constitutes each winner’s permission for Sponsor to use such winner’s name and Instagram handle provided in connection with this 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.
- 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. 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.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and 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. Except where prohibited, 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.
- The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
- For list of winners (according the information provided by them), available after June 15, 2017, send a separate, self-addressed, stamped envelope to Winners List, Misfit Wearables Instagram Sweepstakes, 901 S. Central Expressway, Richardson, Texas 75080 USA or send an email to email@example.com requesting the list of winners (according the information provided by them) in the Misfit Wearables Instagram Sweepstakes. Winner list requests must be received by December 15, 2017.