Fossil Win Your Wish List Sweepstakes - TERMS AND CONDITIONS
NSW Permit No. LTPS/10/10065
ACT Permit No. ACT TP 10/04628.1
1. The Promoter The Promoter in relation to the Fossil Wish List Sweepstakes (the Sweepstake) is Fossil (Australia) Pty Limited (ACN 072 935 614) of 122 – 126 Old Pittwater Road, Brookvale NSW 2100, telephone (02) 9453 0288.
2. Entry Period This promotion commences at 0:01 (ADST) on 22 November 2010 and closes at 23:59 (ADST) on 12 December 2010 (The Promotion Period). The Promoter's computer is the official time keeping device for this Sweepstake.
3. Eligibility
Entry is only open to Australian residents who are 18 years or older at the time of entry. Before being able to collect a prize, a winner must provide satisfactory proof of age, upon request from the Promoter. Directors, officers, management, employees, other staff and family members (spouses, parents, siblings and children) of the Promoter or any associated or affiliated companies of the Promoter are not eligible to enter this Sweepstake.
4. How to enter To enter, entrants must go online to Fossil's website (
www.fossilaustralia.com.au)and follow the links and instructions to the Sweepstakes area of the website. Complete the online entry form and submit the form. The form will ask you to create a 'wish list' of 5 items from the following 15 items of the Fixed Total Prize List:
* MEN'S LEATHERS
* MBG1162020 Bryant EW Messenger Bag in Grey (Recommended Retail Price $349)
* ML472688200 Tanner Int'l Traveler wallet in Brown (Recommended Retail Price $89)
* ML1985201 Parcel Accordion Organizer wallet in Dark Brown (Recommended Retail Price $89)
* WOMEN'S LEATHERS
* SHB9811512 Ginger Crossbody Bag in Sangria (Recommended Retail Price $279)
* ZB4516186 Maddox Convertible Hobo Bag in Patchwork (Recommended Retail Price $369)
* SWL1215400 Betsy Mirror Compact in Navy (Recommended Retail Price $59)
* SWL1200400 Deer Checkbook Wallet in Navy (Recommended Retail Price $89)
* WOMEN'S WATCH
* ES1967 Stella Plastic Watch in White (Recommended Retail Price $169)
* CE1002 Riley Ceramic Watch in White (Recommended Retail Price $349)
* ES2345 Riley Silicone Watch in Black (Recommended Retail Price $169)
* ES2203 Riley Stainless Steel Watch (Recommended Retail Price $199)
* MEN'S WATCH
* CH2573 Decker Silicone Watch in Black (Recommended Retail Price $169)
* JR1156 Decker Stainless Steel Mesh Watch (Recommended Retail Price $129)
* FS4497 Men's Dress Champagne Dial Watch (Recommended Retail Price $129)
* JR1156 Men's Trend Chronograph Blue Dial W * atch (Recommended Retail Price $189)
Select your wish list of 5 items from the Fixed Total Prize List, in order of ranking from your most favourite to your least favourite. That is, item number 1 being your most favourite item you most want to win, item number 2 being your next favourite item you would like to win and so on until you have selected 5 items. The 5 items selected will become your 'Customised Wish List'. You may not select multiples of the same item.
Upon submission of the form, you will automatically be entered with one (1) entry into the Sweepstakes.
You may only enter the Sweepstakes once, however, an additional entry is granted to you, up to a maximum of 10 (ten) entries, for each valid email you provide in the "Send to Friend" component of the submission form, to send a notification of the Sweepstake to someone else. Invalid email addresses or undeliverable emails will not count toward additional entries and the determination of whether an email address is valid is in the sole discretion of the Promoter. Use of any robotic, repetitive, programmed, automated or similar entry methods to participate is prohibited and will result in disqualification.
The Promoter is not responsible for any lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
No entry fee is required to enter the Sweepstake, however any cost associated with the entrant accessing the promotional website is the entrant’s responsibility.
# Prizes A total of three (3) prize packages will be awarded to three (3) separate winners. One (1) prize package will be awarded per winner. If an entry is randomly selected to win one prize, it is not eligible for additional prizes.
FIRST PRIZE PACKAGE
The first winner selected from the draw will be awarded the First Prize Package. The First Prize Package will include all 5 items of that person's Customised Wish List. The retail value of the First Prize Package will depend on the 5 items selected by the winner in his/her Customised Wish List. To calculate the retail value of the First Prize Package, add the recommended retail value of the 5 items of your Customised Wish List. The maximum retail value of the First Prize Package is $1,545.00.
SECOND PRIZE PACKAGE
The second winner selected from the draw will be awarded the Second Prize Package. The Second Prize Package will include the top 3 items of that person's Customised Wish List. The retail value of the Second Prize Package will depend on the top 3 items selected by the winner in his/her Customised Wish List. To calculate the retail value of the Second Prize Package, add the recommended retail value of the top 3 items of your Customised Wish List. The maximum retail value of the Second Prize Package is $1,067.00.
THIRD PRIZE PACKAGE
The first winner selected from the draw will be awarded the Third Prize Package. The Third Prize Package will include 2 items of that person's Customised Wish List. The retail value of the Third Prize Package will depend on the top 2 items selected by the winner in his/her Customised Wish List. To calculate the retail value of the Third Prize Package, add the recommended retail value of the top 2 items of your Customised Wish List. The maximum retail value of the Third Prize Package is $718.00.
The total maximum retail value for the First Prize Package, the Second Prize Package and the First Prize Package is $2,935.00.
The recommended retail price of any item in the Fixed Total Prize List may vary from state to state.
6. Selection of Winner The Promoter will on 14 December 2010 at or around 10.00am (ADST) at Level 3, 122 - 126 Old Pittwater Road, Brookvale NSW randomly select three (3) potential Sweepstakes winners from all the eligible entries received (the draw). The first winner selected from the draw will be awarded the First Place Prize Package. The next winner selected from the draw will be awarded the Second Place Prize Package and the third winner selected from the draw will be awarded the Third Place Prize Package.
To be eligible for the draw, entry forms must be received before the end of the Promotion Period. The Promoter's decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes and no correspondence will be entered into by the Promoter in this regard.
The odds of winning a prize depend on the number of eligible entries received. However, each entry results in an equal chance of winning the prize package.
The names of the 1st, 2nd and 3rd place winners may be featured on the Website or in a separate promotion.
# Potential winners must comply with these Terms and Conditions and wining is contingent upon fulfilling all the requirements described in these Terms and Conditions.
# Notification of the winner Within 2 days of the draw, by 16 December 2010, the winners will be contacted by email and / or telephone.
At that time or soon thereafter, the winners will also be notified by email instructing him/her on the winner verification and prize redemption process. The winners will be asked to verify his/her e-mail address, name and complete mailing address. Upon successful verification, the Promoter will arrange to have the prizes delivered, as per the prize redemption process and within 28 days of the draw. The return of any prize notification as undeliverable or the inability to contact an entrant may result in disqualification.
Each entrant should take care in providing a current telephone number and email in their online entry for ease of potential correspondence with the Promoter.
While the Promoter will endeavour to deliver each prize to the confirmed delivery address, the Promoter does not guarantee that any prize returned to the Promoter due to non-delivery at the provided address will be re-sent.
On 16 December 2010, the name and state of residence of the winner will also be published:
* on the Promoter's website at
www.fossilaustralia.com.au; * in The Australian newspaper.
# Unclaimed prizes If a prize winner cannot take the prize as stipulated or if the prize package remains unclaimed for any reason after 3 months from the date the Promoter contacted (or attempted to contact) the winner as provided for in these terms and conditions, the winner’s entry will be deemed invalid and the Promoter reserves the right to award that prize to the next best eligible entry.
In that case:
* (a) a second chance draw will be * conducted on 14 March 2011 and second chance winner(s) will be determined based on the same criteria as set out in paragraph 6; and
* (b) the second chance winner(s) will be:
* (i) contacted by email regarding the entrant's success; and
* (ii) provision of details for how the first prize can be claimed will be arranged/confirmed; as set out in paragraph 7.
9. Prize Packages are not transferrable and not redeemable for cash The Prize Package(s) or any part of the Prize Package(s), or any unused portion of the Prize Package(s), are not transferable or exchangeable and cannot be taken as cash.
10. Acceptance of terms and conditions By entering, entrants are deemed to accept these terms and conditions and to be subject to the terms and conditions of all participating service providers in relation to the prize(s), if applicable.
11. General Conditions Any entry not complying with these terms and conditions is invalid.
If for any reason any aspect of this Sweepstake is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Sweepstake, or invalidate any affected entries, subject to the approval of the relevant authorities in each state or territory of Australia, if required.
The Promoter reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or operation of the Sweepstakes or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal or civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. The Promoter's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
All entries will be treated equally.
12. Use of personal information The Promoter collects personal information obtained from the entrant's entry to conduct this promotion and may, for this purpose, discllose such information to third parties, including, but not limited to, prize suppliers. All entrants also consent to the disclosure of their name and state of residence to print media for the purpose of publishing the prize winner's details. The Promoter may also use the personal information for promotional marketing and publicity purposes including sending electronic messages, without further notice.
Entrants should direct any request to access, update or correct their personal information to the Promoter. All personal details will be held and dealt with in accordance with Fossil (Australia) Pty Ltd Privacy Policy, which can be accessed at
www.fossilaustralia.com.au All entries and any copyright subsisting in the entries become and remain the property of the Promoter.
13. Liability Except for any liability that cannot be excluded by law, by participating in the Sweepstakes, you agree to release and hold harmless the Promoter, and its subsidiaries, affiliates, suppliers, distributors, parent companies, and each of the Promoter's officers, directors, employees and agents, 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 including, but not limited to:
* (a) unauthorized human intervention in the Sweepstakes;
* (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 Sweepstakes;
* (c) technical errors related to computers, servers, or telephone or network lines;
* (d) printing errors;
* (e) errors in the administration of the Sweepstakes 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 Sweepstakes or receipt of any prize.
Further, the Promoter (including its officers, employees and agents) to the fullest extent permitted by law, excludes all liability (including negligence) for any personal injury or any loss or damage otherwise arising out of or in connection, directly or indirectly, with this Sweepstake, the prize(s) or technical difficulties or equipment malfunction (whether or not under the Promoter's control).
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