Ergatta x Apple Watch Sweepstakes
NO PURCHASE REQUIRED TO ENTER OR WIN.
Eligibility: Open to legal residents of the United States and Washington DC (EXCLUDING RESIDENTS OF OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES) who as of the time of entry are 18 years of age or older (and at least age of majority in state). Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules, which are final and binding in all matters related to the Sweepstakes.
How to Enter:
To enter the Ergatta Apple Watch Sweepstakes (the ‘Sweepstakes’):
Submit your name and email for entry on the pop-up form with the giveaway details on ergatta.com
The winner will be announced on April 14, 2023.
The entry period is 9:00 AM Eastern Time (‘ET’) on March 14, 2023 and ends at 11:59 PM ET on April 13, 2023.
Limit one entry per person. Submission of email address required to participate. All entries must be received by the close of entry period. Participants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times during entry period or under multiple identities. Any participant who attempts to enter during entry period with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won.
No mechanically reproduced or computer generated entries permitted. Not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the Internet, problems with ergatta.com website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Sweepstakes. Entries become the property of Ergatta and will not be acknowledged or returned.
Selection of Winner:
Within five (5) days of the closing date, one (1) Winner will be randomly selected from the pool of eligible entries. Odds of winning depend on the number of eligible entries received.
The winners will be notified by email. Ergatta is not responsible for any change of email address of entrants. Winner’s failure to respond to email within 24 hours may result in forfeiture of participation in the Sweepstakes and, in such case, Ergatta may select an alternate Winner by random selection from all remaining eligible entries.
One (1) winner will receive an Apple Watch Series 8. Approximate Retail Value (‘ARV’) of $400 (the ‘Prize’). Ergatta will contact the Winner to inquire on preferred Apple Watch head and band sizes. Immediate inventory availability cannot be guaranteed.
Actual retail value of the Prize may vary. Winner will not receive the difference between the actual and approximate retail value.
No substitution or transfer of prize permitted except as provided herein. Prizes are non-redeemable for cash. Prize may only be shipped to eligible addresses in the United States.
Employees, directors and officers of Ergatta, its parents, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible.
All federal, state, and local taxes are the sole responsibility of the winner. Winner will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications. Winners will be required to provide a Social Security or Tax Identification Number and necessary tax form to Ergatta for issuance of a 1099 Form.
By participating in the Sweepstakes and accepting any prize, entrants and winners agree to release and hold harmless Ergatta, its respective parent companies, subsidiaries, affiliates and related companies, and each of its respective officers, shareholders directors, employees and agents (collectively, the ”Released Parties”) from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the Sweepstakes, including without limitation participation in any Sweepstakes-related activity and/or possession, acceptance, use or misuse of any prize.
Released Parties are not responsible if Sweepstakes cannot take place or if prize cannot be awarded due to travel cancellations, postponements, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other events beyond Ergatta’s control.
Ergatta’s failure to enforce any term of these rules shall not constitute a waiver of that provision.
Participation in the Sweepstakes constitutes entrant’s consent for Ergatta to use entrant’s name, email, biographical information, image and likeness for editorial, advertising and publicity purposes without additional compensation or approval rights, except where prohibited by law. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy or similar claims.
Ergatta reserves the right to disqualify any person tampering with the entry process, the operation of ergatta.com, or who is otherwise in violation of these Official Rules. Ergatta further reserve the right to cancel, terminate or modify the Sweepstakes for any reason or no reason. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner acknowledges that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
BINDING ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER: BY AGREEING TO THESE RULES, ENTRANT AND ERGATTA IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES (“DISPUTES”), AND ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. As a condition of participating in this Sweepstakes, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b) all causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event shall any award include attorney’s fees. Disputes arising from this Sweepstakes, or any matter arising therefrom, whether direct or indirect, will be determined according to the laws of the State of New York, without reference to its conflict of laws principles. Entrant acknowledges and agrees that you and the Released Parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both entrant and Ergatta agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.