WATCH GANG™ SPRING CLEANING® GIVEAWAY
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 10 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS. NO PURCHASE NECESSARY. ALTERNATIVE METHOD OF ENTRY IS AVAILABLE AS DETAILED HEREIN.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED, RESTRICTED OR EXCLUDED.
- DESCRIPTION. The WATCH GANG™ SPRING CLEANING® GIVEAWAY consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States, the District of Columbia, and Canada (excluding Quebec) (the “Territory”). The “Sweepstakes Period” shall begin on Saturday, March 21st at 1:00 am PDT and conclude Sunday, March 22nd at 11:59 pm PDT and is subject to these Official Rules.Void in Puerto Rico, Guam, and where prohibited or restricted. The Sweepstakes is governed by these Official Rules.
- WHO IS ELIGIBLE TO ENTER/TO WIN.
- Eligibility. The Sweepstakes is open to natural persons who are current Members, defined herein, of Watch Gang, Inc. (the “Company”) at watchgang.com, who make a purchase on the Wheel of Watches or the Watch Gang Store during the Sweepstakes Period detailed above, and who are legal residents of the Territory and at least eighteen (18) years old (or the age of majority in their state or province of residence, whichever is greater), at the time of entry. No purchase is necessary to enter. “Member” of the Company is defined as any individual who has a Watch Gang account and who is in good standing as of the date of the Sweepstakes Period. 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.
- Agreement To Official Rules. Sweepstakes will be conducted in the State of California, or as otherwise determined by the Company, and eligible Participants (as defined below) 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 aspects of the Sweepstakes in the Territory.
- Verification of Potential Winner. Winning the Grand Prize (as defined below) 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. However, Company reserves the right to disqualify any potential winner who Company, in its sole and absolute discretion, determines is not in compliance with these Official Rules or 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.
- Member Sweepstakes Entry: All Members, as defined herein, automatically receive one (1) entry for each purchase of the Wheel of Watches or the Watch Gang Store during the 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@example.com.
- ALTERNATIVE METHOD OF ENTRY: Any legal resident living within the Territory and at least 18 years of age may enter with no purchase necessary by requesting an entry code at https://www.watchgang.com/alte/Spring-Cleaning-Giveaway. No purchase necessary. Purchasing a membership or product does not increase your chances of winning. Alternative Method of Entry requires you to provide Watch Gang with personal information. By entering the competition using the Alternative Method of Entry you agree to allow Watch Gang to use or distribute that information in a commercial capacity including for marketing. Entries must be received by 11:59 p.m. PST on the Thursday immediately preceding the Friday drawing to be considered for the Sweepstakes during that Sweepstakes Period. An entry code may only be used once and is only valid during the single Sweepstakes Period during which it was obtained. An entry code has no monetary value, and may not be sold, assigned, transferred, or otherwise encumbered.
- SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries for theSweepstakes Period. One (1) total prize is available for giveaway. The total Approximate Retail Value (“ARV”) for the Grand Prize is $2,295.00
- Grand Prize. One (1) Grand Prize is awarded,which shall be a Zodiac Super Sea Wolf 68 Saturation x Andy Mann Watch Limited Edition.
- Winner Selection. The winner will be selected through a live random drawing on the Company’s Facebook pageFriday, March 27th, on or around 12pm PDT, or as otherwise determined by the Company (https://www.facebook.com/TheWatchGang). The winner is randomly selected from amongst all eligible entries timely received, through a 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 in the same manner as set forth above, and provide notice to the winner as indicated herein.
- Potential Winner Contact. The potential winner 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 email 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, and a new winner will be selected by Company. 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 (as defined below). 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, otherwise the potential winner shall be disqualified and forfeit the Grand Prize.
- PRIZE CLAIM DOCUMENTS. “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 (4) to eight (8) weeks after the 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 to the potential winner.
- ADDITIONAL PRIZE INFORMATION. Company may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified for any reason 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, or gifted at the discretion of the winning Participant. Participant agrees that the Sweepstakes and any prizes awarded are provided “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. Allow 4-6 weeks for shipping and delivery of Prize.
- 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.
- GENERAL PROVISIONS.
- 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 fraud, technical failures, human error, or any other factor that impairs the integrity or proper functioning of the Sweepstakes, as determined by Company in its sole and absolute discretion. 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.
- 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.
- 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.
- 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.
- 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.
- 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 entry code; 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 or separate alternative method of entry as provided herein. 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.
- GOVERNING LAW AND DISPUTE RESOLUTION. 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 legal actions, suits or proceedings related to the Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Sweepstakes. 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.
- FORCE MAJEURE. Without limiting any other provision in these Official Rules, in the event that any of the Sweepstakes’ activities or the Company’s operations or activities are affected, as determined by the Company, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Company shall have the right to modify, suspend, or terminate the Sweepstakes, and Company shall not be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof.
- SEVERABILITY. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Company’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision.
- VIRAL CONTENT DISTRIBUTION. Company may grant you – but only through express written permission – limited, revocable permission to engage in certain expressly described personal uses of Materials (as defined below) as may from time to time be made available via forms by digital delivery through the website (“Viral Distribution”). “Materials” shall mean those documents, trademarks, photographs, or other information provided by Company to Participant in connection with the Sweepstakes for purposes of Viral Distribution. Express written permission for Viral Distribution may include the following personal uses: (a) sharing Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website or blog; (c) posting and displaying Materials on a website or platform that allows users to post content, as long as the posting is approved and allowed by the third party site or platform terms and conditions and the third party does not charge for access to those Materials or utilize those Materials for services or advertising. If expressly permitted, you may engage in Viral Distribution according to these Terms, but you will not make, use, license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
All Viral Distribution must be done in accordance with FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR 225. The FTC guides include the use of social media posting or communication, or any other form of communication that you may have received compensation for using (including gifts, rewards, prizes, and points).
- WINNERS LIST. For a list of Official Winner, please visit www.watchgang.com three (3) days after the date of thedrawing, or send a self-addressed, stamped envelope to: Watch Gang, Inc., 350 N. Glendale Ave., P.O. Box 216, Glendale, CA, 91206, Attn: Rolex Winner’s List. Vermont residents may omit return postage.
- SPONSOR. The Sweepstakes is sponsored by Watch Gang, Inc., a California corporation.
© 2020 Watch Gang, Inc. Watch Gang™ and the Watch Gang logo are trademarks of Watch Gang, Inc. 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., Zodiac Watches, or any other third-party not specifically designated by Company.