Fossil Summer 2016 #FossilStyle Photo Contest

Official Contest Rules

 

Set forth below are the rules for the Fossil Summer 2016 #Fossilstyle Photo Contest.  This document sets forth the entry requirements, the judging criteria, ownership of entries and other important rules governing this Contest.  It is very important that you read these rules carefully before entering the Contest, as you will be bound to these rules if you enter the Contest. 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 Contest.

1. Entry Period.  The Fossil Summer 2016 #Fossilstyle Photo Contest (“Contest”) begins April 18, 2016 at 9:00 am Central Time (“CT”), at which time submissions will first be accepted. Fossil will accept submissions through 5:00 pm CT July 25, 2016 (the “Submission Period”).  Sponsor’s computer is the official time keeping device for this Contest.  Entrants are responsible for determining the corresponding time zone in their respective jurisdictions.

2. Sponsor.  The Contest is sponsored by Fossil Group, Inc., 901 S. Central Expressway, Richardson, TX 75080 (the “Sponsor” or “Fossil”).

3. Eligibility.  The Contest is open to legal residents of, who are located within, the United States (excluding residents of Florida, and Rhode Island); Canada (excluding residents of Quebec) and to members of the US Armed Forces stationed abroad.  Entrants must have reached the legal age of majority based on the laws applicable in their place of residence at the time of entry and be the owner of the copyright in the entry photo.  Employees of Fossil Group, Inc., Fossil Partners L.P. and their parents, subsidiaries and affiliated companies as well as the immediate family (spouses, parents, siblings and children) and household members of each such employee are not eligible.  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. In order to win, entrants must have a public Instagram profile. Entrants with private Instagram profiles will not be eligible to win.

4. How to Enter.  NO PURCHASE IS REQUIRED TO ENTER OR WIN.  During the Submission Period, follow the Fossil Instagram account (@Fossil) and enter via the Fossil #FossilStyle Photo submission form link (www.fossil.com/fossilstyle), complete the registration form and follow the instructions to post one (1) photo on Instagram with the hashtag #fossilstyle and #contest showcasing your iconic Fossil style wearing at least one Fossil product, to receive one entry. You will be required to provide an email address and your country (and in some instances state or province) of residence to participate.  All entries are final upon submission. You are welcome to submit multiple, different photos, as additional entries into the Contest, however there is a limit of one photo submission per email address per day. You may not submit the same photo more than once. To be eligible to win the first weekly prize, submissions must be received by 1:00 pm CT on April 25, 2016.  To be eligible to win the first monthly prize, submissions must be received between 1:01 pm CT on April 18 and 1:00 pm CT on April 25, 2016. To be eligible to win the second weekly prize, submissions must be received between 1:01 pm CT on April 25, 2016 and 1:00 pm CT on May 2, 2016.  To be eligible to win the third weekly prize, submissions must be received between 1:01 pm CT on May 2, 2016 and 1:00 pm CT on May 9, 2016. To be eligible to win the fourth weekly prize, submissions must be received between 1:01 pm CT on May 9, 2016 and 1:00 pm CT on May 16, 2016. To be eligible to win the fifth weekly prize, submissions must be received between 1:01 pm CT on May 16, 2016 and 1:00 pm CT on May 23, 2016. To be eligible to win the sixth weekly prize, submissions must be received between 1:01 pm CT on May 23, 2016 and 1:00 pm CT on May 30, 2016. To be eligible to win the second monthly prize, submissions must be received between 1:01 pm CT on April 25, 2016 and 1:00 pm CT on May 30, 2016. To be eligible to win the seventh weekly prize, submissions must be received between 1:01 pm CT on May 30, 2016 and 1:00 pm CT on June 6, 2016. To be eligible to win the eighth weekly prize, submissions must be received between 1:01 pm CT on June 6, 2016 and 1:00 pm CT on June 13, 2016. To be eligible to win the ninth weekly prize, submissions must be received between 1:01 pm CT on June 13, 2016 and 1:00 pm CT on June 20, 2016. To be eligible to win the tenth weekly prize, submissions must be received between 1:01 pm CT on June 20, 2016 and 1:00 pm CT on June 27, 2016. To be eligible to win the eleventh weekly prize, submissions must be received between 1:01 pm CT on June 27, 2016 and 1:00 pm CT on July 4, 2016. To be eligible to win the third monthly prize, submissions must be received between 1:01 pm CT on May 30, 2016 and 1:00 pm CT on June 27, 2016. To be eligible to win the twelfth weekly prize, submissions must be received between 1:01 pm CT on July 4, 2016 and 1:00 pm CT on July 11, 2016. To be eligible to win the thirteenth weekly prize, submissions must be received between 1:01 pm CT on July 11, 2016 and 1:00 pm CT on July 18, 2016. To be eligible to win the fourteenth weekly prize, submissions must be received between 1:01 pm CT on July 18, 2016 and 1:00 pm CT on July 25, 2016. To be eligible to win the fourth monthly prize, submissions must be received between 1:01 pm CT on June 27, 2016 and 1:00 pm CT on July 25, 2016. All eligible entries submitted during the Submission Period are eligible to win the Monthly Prizes, regardless of when submitted during the Submission Period. Participants are not required to pay or give any consideration in order to participate.  Void where prohibited. 

5. Photo and Caption Requirements

            a. photos must be in .jpg, .gif, or .png image formats.

            b. photos must be taken by the entrant, must not be professional photos, must be unpublished and may not have won any prize or award.  

            c. photos must not contain material that violates or infringes the rights of another, including but not limited to privacy, publicity or intellectual property rights or that constitutes copyright infringement.

            d. photos should not contain brand names or trademarks (other than FOSSIL).

            e. photos should not contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.

            f. photos should not contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, unless you have received express consent from such person that you are allowed to post a photo of such person to our Instagram account for inclusion in this Contest.

            g. photos should not communicate a message or image that is inconsistent with the positive images and/or good will to which we wish to associate.

            h. photos should not violate any laws.

            i. photos should be clear and in focus and the average viewer should be able to identify what is captured in the photo.

            j. photos should not contain material that is inappropriate for posting on a public website, such as obscene, provocative or otherwise questionable content.

Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise entries, photos, or related materials that 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 Contest, Sponsor or Sponsor’s customers to controversy, negative publicity, scorn or ridicule. 

By submitting an entry, entrant hereby grants permission for the entry to be posted on Sponsor’s Instagram page, on www.facebook.com/Fossil; on fossil.com; in e-mails from Sponsor; on Sponsor’s blogs and on Sponsor’s social network channels (including, but not limited to Twitter, Tumblr, Pinterest) and on Sponsor’s other websites, and as Sponsor otherwise sees fit in Sponsor’s promotional programs.  Entrant understands that entries may also be shared by other Instagram and social media users.  Entrant is hereby granting Sponsor an unlimited license to use the entry in any form or manner and allowing Sponsor the right to alter or amend the entry.  Entrant will not object to any use by Sponsor of the entry and is waiving all moral rights associated with the entry.

By submitting an entry, each entrant acknowledges and agrees that Sponsor may obtain many entries in connection with this Contest and/or other promotions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries made in connection with this Contest and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor.  Each entrant waives any and all claims that any entry and/or other works accepted, reviewed and/or used may be similar, or that any compensations is due to any entrant in connection with such entry or other works used by Sponsor.

Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void.  All entries must be submitted by 5:00 p.m. CT on July 25, 2016 to be eligible.  All entries become the property of Sponsor and will not be returned. 

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM.  YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.  THE INFORMATION YOU PROVIDE WILL BE USED TO ADMINISTER THE CONTEST. 

6. Judging Criteria

Some eligible entries will be posted to the Fossil Instagram account.  After submission of an entry, Sponsor will determine whether the entry meets all eligibility and design criteria and complies with these Rules and the guidelines and submission instructions set forth on the entry pages.  The determination of whether to post a submission is within the sole discretion of the Sponsor.  Sponsor reserves the right to change this determination at any time. At the end of each weekly submission period, the judges will determine the weekly winners.  The judges for the weekly winners will consist of an internal panel made up of Sponsor’s brand specialists. The entries from the weekly prize winners will be posted to the Fossil Instagram account.   At the end of the Submission Period Sponsor’s Chief Creative Director will determine the grand prize winner.  The determination of the grand prize winner is in the sole discretion of the judge.  The judges’ determinations are final.

Sponsor reserves the right, in its sole discretion, to discontinue the Contest, in whole or in part, in the event that there are an insufficient number of eligible entries to continue with the Contest. 

Winner Selection

During the Submission Period the Sponsor will determine fourteen weekly winners and four monthly winner (for a total of eighteen winners) by selecting from among all eligible entries received based on the determination of which photos best illustrate FOSSIL style.  

To be eligible to win the first weekly prize, submissions must be received by 1:00 pm CT on April 25, 2016.  To be eligible to win the first monthly prize, submissions must be received between 1:01 pm CT on April 18 and 1:00 pm CT on April 25, 2016. To be eligible to win the second weekly prize, submissions must be received between 1:01 pm CT on April 25, 2016 and 1:00 pm CT on May 2, 2016.  To be eligible to win the third weekly prize, submissions must be received between 1:01 pm CT on May 2, 2016 and 1:00 pm CT on May 9, 2016. To be eligible to win the fourth weekly prize, submissions must be received between 1:01 pm CT on May 9, 2016 and 1:00 pm CT on May 16, 2016. To be eligible to win the fifth weekly prize, submissions must be received between 1:01 pm CT on May 16, 2016 and 1:00 pm CT on May 23, 2016. To be eligible to win the sixth weekly prize, submissions must be received between 1:01 pm CT on May 23, 2016 and 1:00 pm CT on May 30, 2016. To be eligible to win the second monthly prize, submissions must be received between 1:01 pm CT on April 25, 2016 and 1:00 pm CT on May 30, 2016. To be eligible to win the seventh weekly prize, submissions must be received between 1:01 pm CT on May 30, 2016 and 1:00 pm CT on June 6, 2016. To be eligible to win the eighth weekly prize, submissions must be received between 1:01 pm CT on June 6, 2016 and 1:00 pm CT on June 13, 2016. To be eligible to win the ninth weekly prize, submissions must be received between 1:01 pm CT on June 13, 2016 and 1:00 pm CT on June 20, 2016. To be eligible to win the tenth weekly prize, submissions must be received between 1:01 pm CT on June 20, 2016 and 1:00 pm CT on June 27, 2016. To be eligible to win the eleventh weekly prize, submissions must be received between 1:01 pm CT on June 27, 2016 and 1:00 pm CT on July 4, 2016. To be eligible to win the third monthly prize, submissions must be received between 1:01 pm CT on May 30, 2016 and 1:00 pm CT on June 27, 2016. To be eligible to win the twelfth weekly prize, submissions must be received between 1:01 pm CT on July 4, 2016 and 1:00 pm CT on July 11, 2016. To be eligible to win the thirteenth weekly prize, submissions must be received between 1:01 pm CT on July 11, 2016 and 1:00 pm CT on July 18, 2016. To be eligible to win the fourteenth weekly prize, submissions must be received between 1:01 pm CT on July 18, 2016 and 1:00 pm CT on July 25, 2016. To be eligible to win the fourth monthly prize, submissions must be received between 1:01 pm CT on June 27, 2016 and 1:00 pm CT on July 25, 2016.  

Weekly winners are still eligible to receive the monthly prize. The first weekly winner will be selected and announced on or around April 27, 2016.  The second weekly winner will be selected and announced on or around May 4, 2016.  The third weekly winner will be selected and announced on or around May 11, 2016.  The fourth weekly winner will be selected and announced on or around May 18, 2016.  The fifth weekly winner will be selected and announced on or around May 25, 2016.  The sixth weekly winner will be selected and announced on or around June 1, 2016.  The seventh weekly winner will be selected and announced on or around June 8, 2016.  The eighth weekly winner will be selected and announced on or around June 15, 2016.  The ninth weekly winner will be selected and announced on or around June 22, 2016. The tenth weekly winner will be selected and announced on or around June 29, 2016.   The eleventh weekly winner will be selected and announced on or around July 6, 2016.  The twelfth weekly winner will be selected and announced on or around July 13, 2016.  The thirteenth weekly winner will be selected and announced on or around July 20, 2016.  The fourteenth weekly winner will be selected and announced on or around July 25, 2016. 

The first monthly winner will be selected and announced on or around April 27, 2016. The second monthly winner will be selected and announced on or around June 1, 2016.  The third monthly winner will be selected and announced on or around June 29, 2016.   The fourth monthly winner will be selected and announced on or around July 25, 2016.  

For each selection, the judges will review the eligible photo submissions and determine the winner based on their determination of which photo best illustrates FOSSIL style.  Decisions of the judges are final and binding in all respects.  All results are unofficial until verified by Sponsor.  The odds of winning depend on the number of entries received, the quality of the entries received, and the skills of the entrants. 

7. Winner Notification.  Potential winners will be notified via email and may be required to complete and return an Affidavit of Eligibility/Ownership, 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 winner may be selected.  If such 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, a runner-up winner may be selected. 

8. Prizes

Weekly Prizes:  Fourteen (14) entrants will win their choice of either the Men’s or Women’s prize pack.

Men’s Prize Pack includes the Townsman Automatic Dark Brown Leather Watch (ME3105) and a $50 Fossil Gift Card

The Women’s Prize Pack includes the Fossil Q Dreamer Sand Leather Activity Tracker (FTJ50011) and a $50 Fossil Gift Card

Monthly Prizes:  Four (4) entrants will win their choice of either the Men’s or Women’s prize pack in addition to a $1,500 Fossil gift card.

Men’s Prize Pack includes the Townsman Automatic Dark Brown Leather Watch (ME3105) and a $50 Fossil Gift Card

The Women’s Prize Pack includes the Fossil Q Dreamer Sand Leather Activity Tracker (FTJ50011) and a $50 Fossil Gift Card

Prizes selected are subject to availability.   Winners may not substitute, assign or transfer a prize or redeem a prize (or portion thereof) for cash.  Winners of the weekly prizes must provide a valid ship-to address to Sponsor within 10 days of request from Sponsor or winner may forfeit his/her prizes.  Sponsor will pay for shipment of the weekly prizes to the winners, but the winners must ship the prizes to a location within the area of eligibility. Winners are 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. 

9. License for Use of Entries.  By submitting an entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant to Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the likeness of any locations or people embodied therein, in any and all media now known or hereinafter devised, worldwide, in perpetuity without compensation, permission or notification of entrant or any third party.

10. Privacy.  When you enter, we collect personal information such as your name and email address.  This information is used to administer the Contest and, to contact you if we have questions about your entry or to notify you if you are a winner.  When you enter, you may also be asked if you would like to sign up to receive emails from Fossil about our products and promotions.  Signing up to receive these emails will be optional and is not required to enter the contest.  If you do sign up to receive emails from Fossil, you will be entered into Sponsor’s database to receive marketing emails and you acknowledge that Sponsor may send you information and special offers it believes may be of interest to you.

11. Release and Limitation of Liability.  Except where prohibited, by participating in the Contest, you agree to release and hold harmless Sponsor, Instagram, and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest and each of their subsidiaries, affiliates, suppliers, distributors, parent companies, and each of such company’s officers, directors, employees and agents (collectively the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize including, but not limited to: (a) unauthorized human intervention in the Contest; (b) incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (c) technical errors related to computers, servers, or telephone or network lines; (d) printing errors; (e) errors in the administration of the Contest or in the processing of the entries; (f) late, lost or undeliverable mail or email; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt of any prize.  You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event will the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.  SOME JURISDICITIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  If for any reason your entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is another entry in the Contest if possible.

12. Disputes.  Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate state court located in Dallas County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all right to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or your rights and obligations hereunder 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 law rules which would cause the application of laws of any jurisdiction other than the State of Texas.

13. Publicity.  The Grand Prize winner consents to Sponsor taking photographs and video of winner while at the Fossil store or showroom, while attending any functions or shows, and on the shopping spree.  The Grand Prize winner consents to Sponsor’s use of photographs, images and video of the Grand Prize winner on Fossil’s websites, in Fossil’s social media channels and related promotional efforts.  Except where prohibited, your participation in this Contest constitutes your consent for the Sponsor and its designee’s to use your name, likeness, photograph, story and location (country, city, state, province) of residence for promotional purposes in any media without further considerations. 

14. General Conditions.  Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. 

15. Winner’s Names.  For winners’ names, available after July 25, 2016, send a separate, self-addressed, stamped envelope to Winner’s List, Fossil Summer 2016 #Fossilstyle Photo Contest, 901 S. Central Expressway, Richardson, Texas 75080 USA or send an email to legal@fossil.com requesting a list of winners in the Fossil Icons #Fossilstyle Photo Contest.  Winner’s list requests must be received by January 1, 2017.