Paul Nicklen Giveaway
Zodiac x Paul Nicklen Holiday 2020 Giveaway Official Rules
1. 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.
2. SPONSOR: The sponsors of the Sweepstakes are Fossil Partners, L.P., 901 S. Central Expressway, Richardson, TX 75080; and Paul Nicklen, 101 – 200 First Ave West, Qualicum Beach, BC V9K 2J3.
THE INFORMATION YOU PROVIDE WILL BE USED TO ADMINISTER THE SWEEPSTAKES.
3. PROMOTION PERIOD: The Sweepstakes begins at December 21, 2020 at 9:00am CST and ends December 27, 2020 at 11:59pm CST (“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.
4. 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 Sponsors, and each of their 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.
Sponsors reserve the right, in their sole discretion, to reject, disqualify, modify, edit, and revise entries, or related materials that the Sponsors deem to be obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with their editorial standards, audience expectations, or reputational interests or that Sponsors believe may violate any applicable law or regulation or the rights of any third party. Sponsors reserve the right, in their 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, Sponsors or Sponsors’ 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.
6. PRIZE: There will be one (1) winner and one (1) prize shall be awarded to the winner. The prize is a bundle including Paul Nicklen’s Zodiac brand Super Sea Wolf 53 Compression Automatic Black Stainless Steel Watch (ZO9276) with an approximate retail value of $1,395.00 and a print by Paul Nicklen with an approximate retail value of $750. For the avoidance of doubt, the watch awarded to the winner is the worn and used watch of Sponsor Paul Nicklen, not a new watch from Zodiac’s inventory.
Winner may not substitute, assign or transfer a prize or redeem a prize for cash. Winner must provide a valid ship-to address to Sponsors within ten (10) days of request from a Sponsor or winner may forfeit his/her prize. Sponsors 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.
7. ODDS: Many will enter, only one (1) will win. The odds of winning depend upon the number of eligible entries received. Sponsors cannot accurately predict the number of entrants who will participate in the Sweepstakes.
8. WINNER SELECTION: Sponsors will select the winner at random from the eligible entries. The winner will be selected on or around December 28, 2020. 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 winner.
9. NOTICE TO WINNER: Attempts to notify potential winner will be made by contacting the winner via direct message through the Instagram account associated with the winning entry. Sponsors are 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.
10. VERIFICATION OF WINNER: Potential winner 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 a Sponsor within ten (10) 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, prize or prize notification is returned as undeliverable, a 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 Sponsors’ discretion, an alternate winner may be selected.
11. SPONSORS 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 SPONSORS 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 SPONSORS 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 SPONSORS 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 SPONSORS, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSORS. WINNER HEREBY ACKNOWLEDGES THAT THE SPONSORS HAVE NEITHER MADE NOR ARE 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.
12. Acceptance of a prize constitutes the winner's permission for Sponsors to use such winner's name and Instagram handle provided in connection with this Sweepstakes for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
13. Sponsors reserve the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law. Sponsors reserve the right, in their 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.
14. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsors 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. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
16. For winner’s name (as provided on Instagram), available after December 28, 2020, send a separate, self-addressed, stamped envelope to Winner List, Zodiac x Paul Nicklen Holiday 2020 Giveaway, 901 S. Central Expressway, Richardson, Texas 75080 USA or send an email to requesting the winner’s name (as provided on Instagram) in the Zodiac x Paul Nicklen Holiday 2020 Giveaway. Winner name requests must be received by July 30, 2021.