WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE COMPANY (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY WILL BE RESOLVED. SCROLL DOWN TO SECTION 9 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
1. DESCRIPTION. The WATCH GANG™ ROLEX® MEMBER GIVEAWAY consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States, the District of Columbia, and any other location permitted by the law of such jurisdiction (the “Territory”) that is held every Friday of every week, of every month, of every year, until canceled by the Company as detailed in the Company’s Terms of Service. Each week culminating in the Friday giveaway is considered the “Sweepstakes Period.” Void in Puerto Rico, Guam, and where prohibited. The Sweepstakes is governed by these Official Rules.
2. WHO IS ELIGIBLE TO ENTER/TO WIN.
A. Eligibility. The Sweepstakes is open only to natural persons who are current and active Members, defined herein, of Watch Gang, LLC (the “Company”) at watchgang.com, and who are legal residents of the Territory and at least eighteen (18) years old (or the age of majority in their state of residence, whichever is greater), at the time of entry. A Member of the Company is defined as any individual who has a paid subscription plan with the Company, which subscription is active, not canceled, and who is entitled to receipt of a shipment of a watch during the Sweepstakes Period, issued by the Company, pursuant to the Company’s Terms of Service, and who is in good standing as of the date of the Sweepstakes Period (“Member”). Persons in the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor of Company; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
B. Agreement To Official Rules. Sweepstakes will be conducted in the State of California, or as otherwise determined by the Company, and eligible Participats shall reside in the Territory, and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Company, which shall be binding with respect to all aspect of the Sweepstakes in the Territory.
C. Verification of Potential Winner. Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Company reserves the right to disqualify any potential winner who Company, in its sole and absolute discretion, determines is not eligible by law to receive a Grand Prize. Company is not required to conduct any advertising or public relations associated with a winner.
3. HOW TO PARTICIPATE. Member Sweepstakes Entry: All Members, as defined herein, automatically receive one (1) entry for every Sweepstakes Period of the Sweepstakes, regardless of whether such Member has previously received a Grand Prize. Members that do not wish to participate in the Sweepstakes, must send an email to [email protected]
4. SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries for any Sweepstakes Period. One (1) total prize is available for giveaway during each Sweepstakes Period within the Territory. The total Approximate Retail Value (“ARV”) for the Grand Prize prizes is $2,500.00.
A. Grand Prize. One (1) Grand Prize is awarded per Sweepstakes Period, which shall be a used/previously owned authentic Rolex® wristwatch.
B. Winner Selection. The winner will be selected through a live drawing on the Company’s Facebook page on every Friday, or as determined by the Company (https://www.facebook.com/TheWatchGang). The winner is randomly selected through computerized random script. The winner does not need to be present to win. If Company is unable to access the Company’s Facebook page, Company reserves the right to draw the winner off-line, and provide notice to the winner as indicated herein.
C. Potential Winner Contact. The potential winner(s) will be contacted via the email provided in their Member account profile within three (3) business days after the drawing, and the potential winner will be required to reply to the email within five (5) business days after receipt of the notice from Company to confirm receipt of the notification and obtain additional instructions. Failure to respond to Company’s email within the stated time period will result in forfeiture of any potential winnings. Company’s computer is the official timekeeper and all determinations are based upon Company’s timekeeping device. Upon notice from the potential winner to Company, the winner shall receive Prize Claim Documents. The potential winner must complete and return Prize Claim Documents within ten (10) business days of the receipt of such documents, or the time period stated in the notification, or the potential winner may be disqualified and forfeit the prize.
5. PRIZE CLAIM DOCUMENTS. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Company), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Company. All Prize Claim Documents must be returned as provided in these Official Rules, or as otherwise stated in the notice to the potential winner. Grand Prizes that require shipping to the winner will ship approximately four to eight weeks from date of confirmation of eligibility and Company’s receipt of Prize Claim Documents. Company will provide standard trackable delivery of the Grand Prize to the potential winner. If potential winner fails to provide Prize Claim Documents within the time period specified in these Official Rules, or potential winner is deemed ineligible to claim the Grand Prize, as determined by the Company, the potential winner will not receive the Grand Prize, which Grand Prize shall be forfeited, and no replacement or other compensation will be provided by Company.
6. ADDITIONAL PRIZE INFORMATION. Company may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified or not verified pursuant to these Official Rules. The potential winner shall be solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The selection itself of the Participant to receive a Grand Prize has no fair market value, and may not be assigned without prior written authorization from Company. If Participant meets all eligibility requirements, is verified, and receives the Grand Prize, such Grand Prize is the property of the Participant, and at that point may be sold, assigned, of gifted at the discretion of the winning Participant. Participant agrees that the Sweepstakes and any prizes awarded are provide “AS IS,” and Company makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to the quality, condition, merchantability, or fitness for a particular purpose. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
7. RELEASE. By receipt of any prize, winner agrees to release and hold harmless Company, its affiliates, subsidiaries, employees, directors, officers, agents and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, (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 Sweepstakes or receipt or use or misuse of any prize.
8. GENERAL PROVISIONS.
A. Modification and/or Cancellation. Company reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it for any reason, including, but not limited to if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Company in its sole and absolute discretion. If cancellation occurs, Company, in its sole and absolute discretion, may elect to hold a drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Company reserves the right, in its sole and absolute discretion, to disqualify any individual it finds that tampered with the Sweepstakes, violated the Official Rules, violated any state, federal, or local law or regulation, or acted in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may violate criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
B. No Automated Entries. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Company is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries.
C. No Third Party Entries. Each Participant shall only participate in the Sweepstakes on his or her own behalf and cannot participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, or any other methods, shall void Participant’s entry and Participant will be disqualified from Participation in the Sweepstakes.
D. Sweepstakes Drawing Functionality. Company makes no warranty that the website interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Company shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.
E. Governing Official Rules. By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Company, which will be final and binding in all matters relating to the Sweepstakes.
9. LIMITATIONS OF LIABILITY. All entries are the sole and exclusive property of the Company. Participant agrees that Company shall not be liable for any past, present, and future claim, action, suit, related to, arising out of, or stemming from the Sweepstakes., including claims, actions, or suits relating to (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously undelivered, deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is an entry in a subsequent Sweepstakes Period, without additional purchase, if such is possible. At the discretion of Company, no more than the stated number of prizes during a Sweepstakes Period will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Company reserves the right to award only the stated number of prizes identified in these Official Rules. However, nothing in these Official Rules shall limit, prohibit, or restrict Company from offering additional giveaways, prizes, or Company memberships, as determined by Company in its sole and absolute discretion. If Company elects to conduct an additional giveaway, no notice shall be required to Participants or Members and eligibility for shall be determined in accordance with the terms of these Official Rules.
10. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY IS RESOLVED.
A. Governing Law. Unless the laws of the jurisdiction of the potential winner require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of California, and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.
B. Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Company. If such agreement cannot be met between the Company and the Participant, the arbitration shall take place at the Company’s headquarters in California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, the Company’s Terms of Service, which are incorporated by reference herein, and any of the other agreements referenced herein that the Participant entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of California consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other exemplary damages, and any and all rights to have damages multiplied or otherwise increased.
C. No Class Action or Consolidated Proceedings. Any arbitration that occurs will take place on an individual basis. Class arbitrations, class action suits or consolidated proceedings are not permitted as a way to resolve any claim or dispute.
D. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules (including, without limitation, claims relating to advertising), or after its termination, and (iii) claims or disputes with any agent, employee, successor or assign of Participant, the Company
E. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
F. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
12. WINNERS LIST. For a list of Official Winners (the “List”), please visit www.watchgang.com after April 1, 2017.
13. COMPANY. The Sweepstakes is held in the Territory by Watch Gang, LLC, a Wyoming limited liability company.
© 2017 Watch Gang LLC. Watch Gang™ and the Watch Gang logo are trademarks of Watch Gang, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by Facebook, Inc., Rolex SA, or any other third-party not specifically designated by Company.