Tissot – Motogp Giveaway Sweepstakes

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TISSOT MOTOGP GIVEAWAY TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO
ENTER OR WIN THIS SWEEPSTAKES
These Terms and Conditions (“the Rules”) govern the Tissot MotoGP Giveaway (“the Sweepstakes”)
which is administered by The Swatch Group (U.S.) Inc., Tissot Division, 703 Waterford Way, Suite 450,
Miami, FL 33126 (“Tissot”, “us”, “our”, “we”). By participating in this Sweepstakes, you agree to these
Rules and to abide by them.
1. PRIVACY: As part of the sweepstakes entry, Tissot collects personal data about participants on
the Website in accordance with its privacy policy. By participating in this Sweepstakes, you confirm
to have read and understood Tissot’s Privacy Policy, which is available at
https://www.tissotwatches.com/en-us/privacy-notice.html.
2. SWEEPSTAKES PERIOD: The Sweepstakes begin on April 1st
, 2023 at 12:00 PM Eastern Time
(“ET”) and end on April 16th
, 2023 at 11:59:59 PM ET. All Sweepstakes entries must be received
within this period in order to be eligible. We reserve the right to shorten or lengthen the submission
period, in our sole discretion.
3. ELIGIBILITY: Entry is open to any person residing in any of the 50 U.S. States or the District of
Columbia, and aged 18 or over at the start of the Sweepstakes. This Sweepstakes is not open to
employees of The Swatch Group (U.S.) Inc. – Tissot Division (“Sponsor”), and their respective
parent companies, subsidiaries, affiliates, dealerships, governors, related entities, partners,
partnerships, principals, licensees, sponsors, and advertising/promotion agencies and all of their
respective officers, directors, employees, agents, representatives, successors and assigns and their
immediate families (parents, spouses, children and siblings and their respective spouses,
regardless of where they reside), and household members, whether or not related, are not eligible
to enter or win. Void where prohibited by law. Subject to all applicable federal, state and local laws.
4. HOW TO ENTER THE SWEEPSTAKES:
4.1 During the Sweepstakes Period, an eligible participant may visit https://tissotwatches.com/en-
us/usa-motogp-2023-sweepstakes.html (“Website”) and complete and submit the registration
form including, but not limited to: his/her complete first and last name (no initials), valid e-mail
address, phone number, and zip code. Upon the successful submission of the registration
information, a participant will receive one (1) entry into the Sweepstakes.
4.2 Alternatively, a participant may enter the Sweepstakes by sending a postcard to The Swatch
Group (U.S.) Inc. – Tissot Division, 703 Waterford Way, Suite 450, Miami, FL 33126 with the
following required information: complete first and last name (no initials), valid e-mail address,
phone number, and zip code. All mail entries must be received by April 16th
, 2023 at 11:59:59
PM.
4.3 Entry Limit: There is a limit of one (1) entry per person during the Sweepstakes Period.
Participants are prohibited from using more than one (1) e-mail address or multiple identities. If
more than one (1) entry is received from the same person, and/or Instagram profile the entries
may be disqualified at Tissot’s sole discretion.
5. WINNER SELECTION: One (1) winner will be chosen at random on or about April 17th
, 2023. Tissot
will notify the potential winner via e-mail at the e-mail address provided at the time of registration.
The winner must respond to such message within 48 hours or the prize will be forfeited. Upon a
prize being forfeited, an alternate winner will be selected and notified one (1) time and will have 48
hours to respond to such notice to claim the prize.
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6. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING: The winner shall
receive:
6.1 Prize: A TISSOT T-RACE MOTOGP CHRONOGRAPH 2023 LIMITED EDITION
(T141.417.37.057.01).
6.2 ARV: The retail value is $650.00
6.3 Odds of Winning: The odds of winning the prize depend on the number of eligible
Sweepstakes entries received during the Sweepstakes Period.
7. HOW TO CLAIM A PRIZE: To claim your prize, you may be required to provide your personal
details (first and last name, home address, email address etc.) and to prove your identity by
submitting relevant documents (e.g. ID, driving 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. We may require the winner to provide an affidavit of eligibility, a liability release, a publicity
release (where legal), and/or an IRS W-9 form. A potential winner may be subject to a background
check before the prize is awarded. Tissot reserves the right to disqualify the potential winner based
on the results of such background check if Tissot determines in its sole discretion that awarding the
prize to any such individual might reflect negatively on Tissot. Failure to provide all required
information within the stated time period may result in forfeiture of a winner’s right to claim his/her
prize, and may result in the prize being awarded to an alternate winner. If a potential winner is
disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept
a prize, the respective prize may be forfeited. If a prize is forfeited, the prize may be awarded to an
alternate winner, selected in a random drawing from among all remaining eligible entries, as
determined by Tissot in its sole discretion. If, after a good-faith attempt, Tissot is unable to award or
deliver a prize, the prize may not be re-awarded. Any portion of a prize not accepted by winner will
be forfeited. The winner shall be solely responsible for payment of any and all applicable federal,
state, and local taxes for his/her prize won. Tissot will issue an IRS Form 1099-MISC to the winner
(if applicable). All other costs and expenses not expressly set forth herein shall be solely the winner’s
responsibility.
Tissot will attempt to notify the potential winners as set forth above, but Tissot is not responsible for
any undelivered e-mails, including without limitation e-mails that are not received because of a
winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any
winner notification e-mail, to a spam or junk folder. A prize that is unclaimed, unredeemed, or
returned as undeliverable will not be awarded. The prize is non-transferable and no prize
substitution, exchange or cash equivalent will be allowed, except by Tissot, who reserves the right
to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure,
at Tissot’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any
delays in awarding the prize for any reason.
8. LIMITATION OF LIABILITY: Tissot and each of their respective parent companies, subsidiaries,
affiliates, officers, directors, employees, governors, owners, distributors, retailers, assignees,
advertising/promotion agencies, representatives, and agents (“Released Parties”) shall have no
liability and will be released and held harmless from any claim, action, liability, loss, injury or
damage, including, without limitation, personal injury or death to winner or any third party or damage
to personal or real property due in whole or in part, directly or indirectly, by any reason, including
the acceptance, possession, use or misuse of the prize and/or participation in this promotion. By
participating in this Sweepstakes, participants agree that the Released Parties are not responsible
for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text
notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or
Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt
or jumbled transmissions, service provider/network accessibility, availability or traffic congestion;
(iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate
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capture of registration information or the failure to capture, or loss of, any such information; (vi) any
error, omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any
injury or damage, whether personal or property, to participants or to any person’s computer related
to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that
are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled
or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not
responsible for any unanswered or undeliverable winner notifications.
9. PUBLICITY: All participants, as a condition of entry into the Sweepstakes, agree that Tissot, anyone
acting on behalf of Tissot, 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, a participant’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.
10. WAIVE RIGHTS: By entering the Sweepstakes, each participant agrees: (i) to be bound by these
Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect
to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding
against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and
irrevocably agree to release and hold harmless each of the Released Parties from any and all
claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs
and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection
with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element
thereof, and the participant’s entries, participation or inability to participate in the Sweepstakes; (b)
the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance,
attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-
use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in
connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any
components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission
on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed
prizing (or any element thereof); or (h) the negligence or willful misconduct by participant.
11. RIGHT TO MODIFY OR CANCEL: If, for any reason, the Sweepstakes is not capable of running as
planned, Tissot reserves the right, at its sole and absolute discretion, to cancel, terminate, modify
or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a
winner in a manner it deems fair and reasonable, including the selection of a winner from among
eligible entries received prior to such cancellation, termination, modification or suspension. In no
event will more prizes be awarded than are stated in these Official Rules. In the event that, due to
technical, typographical, mechanical, administrative, printing, production, computer or other errors,
there are more winners than are stated in these Official Rules, a random drawing among the
claimants will be held to determine the winner.
12. WITHOUT WARRANTY: WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING
THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
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13. DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Rules, or the rights and obligations of all participants and Tissot in connection
with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State
of Florida, 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 federal or state court located in Miami-
Dade County and each participant hereby consents and submits to the personal jurisdiction of such
courts. BY ENTERING THIS SWEEPSTAKES, THE PARTICIPANT AGREES TO WAIVE ANY
RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
14. PUBLICITY RIGHTS: Participants in this Sweepstakes agree that Tissot, the NBA Entities, its
designees and assigns have the perpetual right to use his/her name, voice, city/state of residence,
biographical information, photos, video or film clips, and/or other visual likeness, in any media or
format now or hereafter known and other information and content provided in connection with the
Sweepstakes for promotion, commercial, advertising, publicity and/or trade purposes in all media
worldwide including, but not limited to, on television and the Internet, without notice, review or
approval and without additional compensation (financial or otherwise), permission or notification,
except where prohibited by law.
15. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein
is void. Tissot reserves the right to disqualify any participant found or suspected, in their sole and
absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation
of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the
normal operation of this Sweepstakes. If it is discovered that a person has registered or attempted
to register more than once using multiple phone numbers, e-mail addresses, residential addresses,
multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries
will be declared null and void and that person will not be awarded any prize that he/she might have
been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like
methods to participate in the Sweepstakes will void any attempted participation effected by such
methods and the disqualification of the individual utilizing the same. Participants and/or potential
winners may be required to provide proof of identification and eligibility as required by Tissot. In the
event of a dispute as to the identity of a winner, the winning entry will be declared made by the
authorized account holder of the e-mail address submitted on the registration form associated with
such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-
mail address by an Internet access provider, online service provider or other organization (e.g.,
business, educational institution) that is responsible for assigning email addresses for the domain
associated with the submitted email address. Each participant may be required to show proof of
being an authorized account holder.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND
CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TISSOT RESERVES THE RIGHT TO
SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR
THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof
should be held unenforceable or invalid for any reason, then that provision or portion thereof shall
be modified or deleted in such manner as to render the remaining provisions of these Official Rules
valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or
the prize documents will not affect the validity or enforceability of any other provision. No participant
shall have the right to modify or amend these Official Rules. Tissot’s failure to enforce any term of
these Official Rules shall not constitute a waiver of that provision and such provision shall remain in
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full force and effect. All entries and/or materials submitted become the property of Tissot and will
not be returned. In the event of any conflict with any Sweepstakes details contained in these Official
Rules and Sweepstakes details contained in any promotional materials (including but not limited to
point of sale, television and print advertising, promotional packaging and other promotional media),
the details of the Sweepstakes as set forth in these Official Rules shall prevail.
16. WINNER LIST: To learn of the winner, participants should mail a self-addressed stamped business
envelope to: Winner List, Tissot MotoGP Giveaway, The Swatch Group (U.S.) Inc., Tissot Division,
703 Waterford Way, Suite 450, Miami, FL 33126. Winner List requests must be received no later
than June 16th
, 2023.