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Father's Day Giveaway Rules

Father’s Day Giveaway

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES

SPONSORS: The sponsor of the Sweepstakes is Marathon Watch Company, located at 1 - 8355 Jane St #1, Concord, ON L4K 5Y3, Canada (“Sponsor”).

SWEEPSTAKES DESCRIPTION AND TIMING: The GSAR Giveaway (the “Sweepstakes”) begins on or about June 16th, 2023 at 9:00 a.m. Eastern Time (“ET”) and ends on June 18th, 2023, at 11:00 p.m. Eastern Time (“ET”) (the “Sweepstakes Period”). At the end of the Sweepstakes Period, a random drawing will be conducted to select one (1) winner of a Grand Prize, from among all eligible entries received during the Sweepstakes Period, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Void where prohibited by law. Sponsor’s designated computer shall be the official time keeping device for the Sweepstakes.

ELIGIBILITY: The Giveaway is open to individuals who are legal residents of North America, South America, and other international locations where permitted by law. Participants must be at least eighteen (18) years of age at the time of entry. Employees of Sponsor, and its parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstakes if any (all such individuals and entities collectively referred to herein as the “Sweepstakes Entities”), and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. All federal, provincial, territorial, state and local laws and regulations apply.

HOW TO ENTER: There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning.

To enter the Giveaway, participants must sign up for the Marathon Watch Company email newsletter during the Sweepstakes Period. Current subscribers to the Marathon Watch Company email newsletter are automatically entered to win. Residents of the United States can sign up for SMS notification for one (1) extra entry.

All entry information and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.

Limit one (1) Submission per person throughout the Sweepstakes Period. Duplicate Submissions by the same person will be subject to disqualification. An entrant may use only one (1) email address to participate in the Sweepstakes. Multiple entrants are not permitted. Any attempt by any entrant to obtain more than the stated number of entries by using multiple email accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

SUBMISSION REQUIREMENTS: Each Submission must correctly tag another user’s Instagram handle. Each Submission must also comply with the following:

A) Eligible participants must sign up for the Marathon Watch Company email newsletter during the Sweepstakes Period.

B) Participants who are not already subscribed to the Marathon Watch Company email newsletter must complete the following steps to enter the Giveaway:

a. Visit the Marathon Watch Company website.

b. Locate the email newsletter subscription form.

c. Provide a valid email address and any other required information.

d. Consent to receive promotional emails from Marathon Watch Company.

C) Participants who are already subscribed to the Marathon Watch Company email newsletter are automatically entered to win. No additional action is required.

D) Residents of the United States can sign up for SMS notification for one (1) extra entry.

E) Only one entry per person is allowed. Duplicate entries will be disqualified

F) Marathon Watch Company reserves the right to verify the eligibility of participants. If any participant is found to have provided false or misleading information, they will be disqualified.

G) All participants must comply with the terms and conditions set forth in these Official Rules.

Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. The decisions of the Sponsor on this and all matters pertaining to the Sweepstakes shall be final and binding.

Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor made in accordance with these rules, which will be final and binding in all matters relating to the Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s reasonable satisfaction, the affected entry will be deemed ineligible. The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Any communication or information transmitted to Sponsor and/or the Sweepstakes Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. As a condition of entering the Sweepstakes, each entrant gives consent: (1) for Sponsor to obtain and deliver his or her name, email address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules; and (2) to the collection, storage and use of his or her personally identifiable information by Sponsor in accordance with its privacy policy located at https://www.marathonwatch.com/pages/privacy-policy.

ODDS: Odds of winning a prize are dependent upon the number of entries received during the Sweepstakes Period.

 

WINNER SELECTION AND NOTIFICATION: The winner will be selected randomly from all eligible entries received during the Sweepstakes Period. The drawing will be conducted by Sponsor or its third party administrator, using randomization methods selected by Sponsor or its third party administrator in its sole discretion.

The winner will be contacted via email using the email address provided during the entry process. The selected winner will have five (5) days to respond to the notification and claim the prize. If no response is received within this period, an alternate winner may be selected. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason outside the control of the Sponsor. The selected winner will be required to complete a mathematical skill testing question upon claiming the prize.

Before a selected entrant will be deemed a winner, he or she must (i) execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and/or any other legal documents that Sponsor may require (collectively, “Prize Claim Documents”) within five (5) days from the date Sponsor notifies selected entrant and sends the Prize Claim Documents to the selected entrant, or the selected entrant will be subject to disqualification; (ii) be in full compliance with these Official Rules; (iii) if required by Sponsor, provide proof of identity; and (iv) if applicable, the winner’s guest must sign and return a travel release or any other legal document that Sponsor may require within five (5) days of its receipt. If the selected entrant is from Canada, in addition to the other winner confirmation requirements set out in above, to be confirmed a winner, the selected entrant must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by phone at a mutually convenient time or within the Prize Claim Documents

If a selected entrant does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such selected entrant, such selected entrant will forfeit his or her prize and an alternate selected entrant may be selected. Sponsor may successively attempt to contact up to ten (10) selected entrant(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, such prize may go unawarded.

PRIZES: The prize consists of one Marathon Watch Company 41mm GSAR (NGM) on Steel Brace (MCog) watch and one Marathon x Bergeon Spring Bar Tool. The prize is non-transferable, and no substitution or cash alternative will be provided.

The ARV of the prize is 1,840 USD.

GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the selected entrant fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion, and made available to entrants in advance. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.

Sponsor makes no guarantees, conditions, representations, or warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. BY

PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, STYLE ME PRETTY, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. IF YOU ARE RESIDENT IN THE UNITED KINGDOM, THEN NOTHING IN THESE OFFICIAL TERMS LIMITS OR EXCLUDES THE LIABILITY OF THE FOREGOING FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH TO THE EXTENT IT RESULTS FROM THEIR NEGLIGENCE

GENERAL LIABILITY RELEASE/FORCE MAJEURE: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules, the privacy policy of Sponsor located at https://www.marathonwatch.com/pages/privacy-policy, and the decisions of the Sponsors, in accordance with the foregoing. Acceptance of a Prize constitutes permission for the Sweepstakes Entities to use that winner’s name and/or likeness, biographical information, and/or Submission for purposes of advertising and trade and on the winner’s list without further compensation, unless prohibited by law. By submitting an entry, you warrant that all of the information provided as part of your Submission is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity) and otherwise does not violate applicable law. To the widest extent permitted by law, entrants agree that the Sweepstakes Entities, and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury (including from COVID-19 or its variants), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity (this exclusion does not apply to entrants in the United Kingdom where such personal injury or death results from the negligence of the Sweepstakes Entities), or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.

The Sweepstakes Entities assume no responsibility for any damage to an entrant’s, or any other person's, computer system which is occasioned by accessing the Sweepstakes Site or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature (however, if you are in the United Kingdom, and the Sweepstakes Entities supply you with digital content which causes damage to a device or other digital content which belongs to you, and this is a result of a failure to exercise reasonable care and skill, you may request that the relevant Sweepstakes Entities repair the damage or compensate you). Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor has the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Sweepstakes Site, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation

of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means (including from COVID-19 or its variants), earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these 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 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.

GOVERNING LAW/JURISDICTION: THE GIVEAWAY AND THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF CANADA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. ANY DISPUTES ARISING OUT OF OR RELATING TO THE GIVEAWAY SHALL BE RESOLVED EXCLUSIVELY IN THE COURTS LOCATED IN CANADA.

ARBITRATION PROVISION (does not apply to residents of the UK): By participating in this Sweepstakes, each entrant agrees that to the extent permitted by applicable law: (1) any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with the Sweepstakes, the awarding or redemption of any prize, and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there

shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Sweepstakes Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the participant or any Sweepstakes Entity. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor any Sweepstakes Entity shall be entitled to arbitrate their dispute. Notwithstanding the foregoing, Sponsor may bring any emergency dispute that requires immediate injunctive relief to a federal or state court in New York.

Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy https://www.marathonwatch.com/pages/privacy-policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Father’s Day Giveaway Sweepstakes Winners List”, to Marathon Watch Company, located at 1 - 8355 Jane St #1, Concord, ON L4K 5Y3, Attn: Legal. Vermont residents may omit return postage.

DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.

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