TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
NOT OPEN TO RESIDENTS OF NEW YORK AND FLORIDA
1.These terms and conditions (“the Rules”) govern the #SwatchTakesMePlaces (“the Sweepstakes”) administered by The Swatch Group (U.S.) Inc. – Swatch Division, a Delaware corporation , with offices at 703 Waterford Way, Suite 450, Miami, FL 33126 (”Swatch“, “us”, “our”, “we”).
3. The Sweepstakes is in no way sponsored, endorsed, or administered by Facebook/Instagram or any other third-party platform. All information disclosed is provided to us and not to Facebook/Instagram. You hereby release Facebook/Instagram, to the greatest extent legally permissible, from any liability in connection with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes should be directed to Swatch and not to any third-party platforms.
4. Entry is open to anyone aged 18 or over at the start of the Sweepstakes. This Sweepstakes is not open to employees and officers of Swatch or any of its affiliates or agents or their immediate family members (spouses, parents, children and siblings and their spouses) or members of the same household (whether related or not) of such individuals not eligible to enter or win. This Sweepstakes is not open to residents of New York and Florida. Each participant may participate only once for each daily challenge. Automated or repetitive entries are not allowed.
5. To participate:
5.1. On Instagram - Follow your favorite @SwatchTakesMeTo(DESTINATION) account(s):
5.2. Participate in the upcoming challenges by re-creating them in your own unique way. Publish them on your stories or as a post in your feed by tagging #SwatchTakesMePlaces, the respective @SwatchTakesMeTo(DESTINATION) account, @Swatch (profile needs to be public, not private) to win points.
5.3. Your challenge related posts and stories will be reposted on the respective @SwatchTakesMeTo(DESTINATION) account.
5.4. For each challenge participation, and per destination account, the three best performing user-generated content, reposted on the respective destination account, receive points (miles):
- +100 miles for the first place
- +50 miles for the second place
- +25 miles for the third place
- Posts receive the above miles x2
- Posts that have ≥ 5 comments on the reposted posts receive the above miles x4
- For the last challenge, which starts on April 29, all points will be counted x4
At the end of the Sweepstakes we account all the miles gathered throughout all different destination accounts per user.
The final 5 winners are announced on @Swatch.
5.5 An individual may also enter the Sweepstakes by sending a postcard to The Swatch Group (U.S.) Inc. – Swatch Division, Attn: #SwatchTakesMePlaces, 703 Waterford Way, Suite 450, Miami, FL 33126 with the following required information: (i) name, (ii) valid email address, and (iii) valid telephone number. All mail entries must be received by 11:59pm, April 30, 2020.
5.6 NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES. A purchase will not increase an entrant’s chance of winning.
6. Even if you follow these rules and instructions correctly, the possibility of events or conditions beyond our control means that we cannot guarantee your successful participation. Failure to comply with these Rules may result in disqualification. Swatch reserves the right, in its sole discretion, to disqualify any individual (i) suspected of tampering with the entry process or the operation of the Sweepstakes, (ii) acting in a manner deemed by Swatch to be in violation of these Rules, or (iii) acting in a manner deemed by Swatch to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A POTENTIAL VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SWATCH RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. The provision of any invalid, incorrect, or misleading personal information may, in our sole discretion, lead to disqualification from the Sweepstakes and/or receipt of a prize.
8. Incomplete, late, or otherwise faulty entries will not be accepted.
9. We will randomly draw the winners among the participants fulfilling the participation conditions.
10. The winners shall receive the following prize:
5x a trip to the destination of the winners choice, 30x destination SwatchXYou watches and 5x Gold Club Membership and 25x Premium Club Membership.
The 5 winners, the users with the highest achieved scores (miles) among all destinations, receive the following prize each:
A 7-day trip for 2 persons for a maximum value of CHF 15’000 to one of the following 30 destinations*: New York, Hawaii, Biel (Switzerland),
Athens, London, Berlin, Brussels, Madrid, Istanbul, Milan, Shanghai, Paris, Venice, St. Petersburg, Las Vegas, Macao, Barcelona, Amsterdam, Bangkok, Hong Kong, Lisbon, Miami, Lucerne, Tokyo, Taipei, Vienna, Munich or Zurich, including the flights and the hotel accommodation. Each winner can select one of these destinations (just one per winner). Each destination can only be selected once by only one winner. The principle is first comes, first serves. In case the cost of the trip will be lower than the maximum value, the winner will have no right to receive the difference in cash. All the other costs are not covered in the final prize. Any travel authorization or necessary document for during the trip is on behalf of the winner.
The trip will be booked by Swatch Travel Manager with the winner. The final prize is valid until 31.12.2021, meaning the trip should take place before this date, otherwise the prize will be cancelled.
In addition the 5 main winners receive a SwatchXYou destination watch of the destination selected for the trip and a Gold Club Membership.
The winning places 6-30 receive each one destination SwatchXYou watch of their choice and a Premium Club Membership.
Estimated retail value: $125 USD
11. The winners will be responsible to bear the costs for their transport to and from the event.
12. The winners will be notified via direct message on Instagram within 5 days after the end of the Sweepstakes period.
13. If a winner cannot be reached or does not reply within 12 hours of the prize notification, the prize will be assumed to have been forfeited and will be awarded to another eligible entry (chosen at random).
14. You agree that we may publish your first name and last name, country of residence, Instagram-profile name along with your participating picture on our websites, newsletter, social media channels (e.g. Facebook, Instagram, Twitter) if you are drawn as a winner, and that we may send you emails in connection with the Sweepstakes, while you have the right to ask us to stop sending you emails at any time.
15. All entrants, as a condition of entry into the Sweepstakes, agree that Swatch, anyone acting on behalf of Swatch, or any of their respective affiliates, licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now know or hereafter in perpetuity and throughout the world, an entrant’s entry, including, without limitation, the entry and winner’s name, social media name or handle, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. Further, all entrants, as a condition of entry into the Sweepstakes, agree to release Swatch and their affiliates from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with (i) accessing the internet; (ii) submitting an entry or otherwise participating in any aspect of the Sweepstakes; (iii) the receipt, ownership or use of any prize awarded; (iv) preparing for, participating in, attending or travelling to and/or from any prize-related activity; or (v) any typographical or other error in these Rules or the announcement or offering of any prize. Each winner shall bear the risk of loss to such winner’s prize after it has been delivered. By accepting any prize, each winner agrees for himself/herself and for his/her heirs, executors and administrators to release and indemnify and hold Swatch and its or their affiliates and their respective officers, directors, employees and representative harmless from any and all liability for any loss, harm, damages, costs or expenses, including, without limitation, property damage, personal injury and/or death, arising out of (i) participating (or attempting to participate) in the Sweepstakes; (ii) the acceptance, possession, use or misuse of any prize; (iii) preparing for, participating in and/or traveling to or from any prize related activity; and (iv) any claims based on infringement, rights of publicity, rights of privacy, defamation or prize delivery.
16. We reserve the right to select an alternative winner if we reasonably believe that a winner has breached the Rules.
17. To claim your prize, you may be required to provide your personal details (first and last name, home address, email address, Swatch Club membership status etc.) and to prove your identity by submitting relevant documents (e.g. ID, driver’s license). In the event of a dispute as to a person’s identity, the entry will be deemed to have been made by the holder of the email address associated with it. Swatch may require each winner to provide an affidavit of eligibility, a liability release, a publicity release (where legal), and/or an IRS W-9 form.
18. The right to claim the prize may not be transferred to anyone else. No cash alternatives or alternative prizes are permitted. We reserve the right, in our sole discretion, to substitute the prize with an item of equal value. Any difference between the stated approximate value of any and actual value of such prize will not be awarded.
19. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER. All other costs and expenses which are not specifically mentioned in these Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. Any portion of a prize not accepted by a winner will be forfeited. In no event will Swatch be liable to award more than the number of prizes stated in these Rules.
20. Any decisions by us regarding the Sweepstakes are final and no correspondence will be entered into.
21. Neither Swatch nor their affiliates assume any responsibility or liability for (i) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (ii) any unauthorized access to or theft, destruction, or alteration of any submission at any point in the operation of the Sweepstakes; (iii) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Sweepstakes; (iv) inaccessibility or unavailability of the Internet; or (v) any bodily injury or property damage suffered by an entrant or any other person which may be related to or resulting from any attempt to participate in the Sweepstakes. If for any reason, the Sweepstakes is not capable of running as planned for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Swatch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part.
22. We reserve the right to amend the Rules and to modify, suspend, or terminate the Sweepstakes in case it becomes infected by a computer virus or is otherwise technically impaired.
23. The Sweepstakes is void where legally not permitted (such as New York and/or Florida).
24. A Force Majeure Event is any (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) epidemics and pandemics, whether declared as such by the World Health Organization or the Center of Disease Control or not; and (j) other events beyond the control of Swatch. We reserve the right to cancel or delay the sweepstakes as well as the prize award due to a Force Majeure Event, and neither Swatch nor any of its affiliates shall be responsible or liable for a delay of performance or non-performance due to a Force Majeure Event.
25. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of all entrants and Swatch in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of New Jersey, without giving effect to any choice of law or conflict of law rules. Any and all disputes, claims and causes of action arising out of or in connection with the Sweepstakes or any prize awarded shall be resolved exclusively in the appropriate state or federal court located in New Jersey and each entrant hereby consents and submits to the personal jurisdiction of such courts. BY ENTERING THIS SWEEPSTAKES, THE ENTRANT AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
26. If you have any questions about the Sweepstakes, please contact us via firstname.lastname@example.org.
27. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.