Skagen December 2017/January 2018 #mySkagen Photo Contest
Official Contest Rules
Set forth below are the rules for Skagen December 2017/January 2018 #mySkagen 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 Skagen December 2017/January 2018 #mySkagen Photo Contest (“Contest”) begins December 1, 2017 at 12:00 am Central Time (“CT”), at which time submissions will first be accepted. Fossil will accept submissions through 11:59 pm CT January 31, 2018 (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 Rhode Island); Canada (excluding residents of Quebec), Vietnam, Philippines, Thailand, Australia, Hong Kong, Japan, South Korea, Singapore, Indonesia, India, Malaysia Taiwan, United Kingdom, Germany, France, Denmark, Spain, and to members of the US and Canadian Armed Forces stationed abroad. Entrants must be at eighteen (18) years of age 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 Skagen Instagram account (@skagendenmark) and enter by posting one (1) photo on Instagram with the hashtags #mySkagen and #contest showcasing how you wear your SKAGEN branded products. All entries are final upon submission. You are welcome to submit multiple, different photos, as additional entries into the Contest. You may not submit the same photo more than once. To be eligible to win the first monthly prize, submissions must be received by 11:59 pm CT on December 31, 2017. To be eligible to win the second monthly prize, submissions must be received between 12:00 am CT on January 1, 2018 and 11:59 PM CT on January 31, 2018. 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 SKAGEN).
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/Skagendenmark; on skagen.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 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 regramed by Sponsor. 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 regram 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 monthly submission period, the judges will determine the monthly winners. The judges for the monthly winners will consist of an internal panel made up of Sponsor’s social media specialists. At the end of the monthly submission period the judges will determine the monthly winner based upon their opinion of the best image. The determination of the monthly 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.
During the Submission Period the Sponsor will determine two (2) monthly winners by selecting from among all eligible entries received based on the determination of which photos best illustrate the SKAGEN image.
To be eligible to win the first monthly prize, submissions must be received by 11:59 pm CT on December 31, 2017. To be eligible to win the second monthly prize, submissions must be received between 12:00 am CT on January 1, 2018 and 11:59 pm CT on January 31, 2018.
The first monthly winner will be selected and announced on or around January 10, 2018. The second monthly winner will be selected and announced on or around February 10, 2018.
For each selection, the judges will review the eligible photo submissions and determine the winner based on their determination of which photo best illustrates the SKAGEN image. 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 a post on Instagram and Instagram direct message and may be required to complete and return an Affidavit of Eligibility/Ownership, IRS W9 form, IRS W8 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.
Monthly Prizes: Two (2) entrants (one per month) will win their choice of either the Skagen Signatur Hybrid Smartwatch watch (SKU:SKT1113) (approximate retail value of $195 USD) or Skagen Hald Hybrid smartwatch watch (SKU: SKT1204 (approximate retail value of $175 USD). Approximate retail value may vary with different countries/regions.
Sponsor is not responsible if any component of the prize packages becomes unavailable for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion.
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 monthly 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 monthly 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, import duties, import VAT, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. If a Canadian resident wins a prize, that person may also be asked to answer correctly within a 5 minute time period a mathematical skill-testing question without the benefit of any calculating devices before the prize will be awarded.
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, worldwide, 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.
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 JURISDICTIONS 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 winners consent to Sponsor’s use of photographs, images and video of the winners on Sponsor’s websites, in Sponsor’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 February 28, 2018, send a separate, self-addressed, stamped envelope to Winner’s List, Skagen December 2017/January 2018 #mySkagen Photo Contest, 901 S. Central Expressway, Richardson, Texas 75080 USA or send an email to firstname.lastname@example.org a list of winners in Skagen December 2017/January 2018 #mySkagen Photo Contest. Winner’s list requests must be received by June 1, 2018.