Dakota Black Ana Digi GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED AS A WINNER OF THE PRIZE.

THIS GIVEAWAY IS VOID OUTSIDE THE UNITED STATES, AUSTRALIA, UNITED KINGDOM, CANADA, NEW ZEALAND OR WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.  ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

1. ELIGIBILITY

The Dakota Ana Digi Giveaway (the “Giveaway”), sponsored by Cooper and Company, Inc. (“Sponsor”), is open only to individual persons who are (a) eligible for shipping from our online store, and (b) at least 18 years old as of the date of entry.

Employees of Sponsor, and its parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Giveaway (collectively, the “Giveaway Entities”), and their immediate family members or household members are not eligible to participate in the Giveaway or win the Prize.

2. ENTRY PERIOD

The Giveaway begins at 10:00 AM Eastern Time (“EST“) on May 23, 2024, and ends at 11:59 PM EST on May,31, 2024.

3. HOW TO ENTER

Sweepstakes participation requires (i) access to the internet and (ii) a valid account on Instagram. It is free to create an account on Instagram, and any standard internet connection is sufficient. Internet access, phone, and usage charges imposed by your online or mobile service provider(s) may apply; no further charges will be imposed during participation.

To enter the Sweepstakes, complete the following steps during the Entry Period:

● Log in to your Instagram account;
● Locate the applicable Social Media Post on the @dakotawatches page;
● “Like” the Social Media Post;
● In the “comment” section, post one (1) comment and tag two (2) friends.

Please note: The content of your comment will not be judged and will have no effect on your entry or your chances of winning a prize. Multiple shares/reposts will not increase your chances of winning. Upon completion of the above required steps, Entrant will receive one (1) entry (“Entry”) into the Sweepstakes. LIMIT ONE ENTRY PER PERSON. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED.

By submitting an Entry, you agree that Sponsor or its designees may contact you via direct message on Instagram and/or tag you on Sponsor’s Instagram page.Entries must be submitted by Entrant. Automated or bulk Entries or Entries submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than the stated number of Entries by using
multiple and/or different identities, forms, registrations, email addresses, login, or any other methods will void that Entry, and Entrant may be disqualified at Sponsor’s discretion.
Multiple Entrants are not permitted to share the same Instagram account. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Instagram handle used to enter the Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned a social media handle by Instagram. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize. If a dispute cannot be resolved to Sponsor’s reasonable satisfaction, the Entry will be deemed ineligible. Entries specifying an invalid, non-working, or inactive Instagram handle will be disqualified and ineligible to win.

All information or steps required by these Official Rules must be completed and provided to be eligible. Incomplete, illegible, corrupted, or untimely Entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid Entries; (ii) any expenses incurred in the creation and submission of any Entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of
any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.

Entries, comments, and any other content submitted or uploaded to any social media site or other public site in connection with the Sweepstakes (“Content Submissions”) may not contain, depict, or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene; (ii) promotes any 2 activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail or street addresses for any person, or otherwise infringes on the privacy of any person other than an Entrant; (v) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain such content will be
disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it believes is inappropriate, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.

BY SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN THE GIVEAWAY (OR ANY PART THEREOF), YOU FULLY AND UNCONDITIONALLY ACCEPT AND AGREE TO THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH ARE FINAL AND BINDING.

4. DESCRIPTION OF PRIZES: 

• Five (5) Prize Winners will receive One (1) Black Ana Digi Clip Watch (Approximate Retail Value (ARV) $79.99 USD)

Total ARV for all Prizes: $399.95 USD.  The ARV listed above is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed.  If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Any depiction of the Prize, in Giveaway materials or otherwise, is for illustrative purposes only.  No substitutions, partial acceptance, transfer of prizes or cash redemptions permitted.  All prize details are at Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize of equal or comparable value in the event a described prize or any portion thereof is unavailable for any reason whatsoever.

5. SELECTION OF A PRIZE WINNER 

RANDOM DRAWING.  Sponsor, whose decisions on all matters pertaining to the Giveaway are final, shall select Five (5) potential winners for the Grand Prizes in a random drawing from all eligible entries received during the Entry Period, which shall take place on or about May 31, 2024 at approximately 12:00 PM Eastern Time.

The selected potential winners from the random drawing will be notified at the potential winners’ email addresses provided to Sponsor in the applicable winners’ entry submission; provided, however, that Sponsor reserves the right to determine an alternate method of notification.

Odds of winning depend on the total number of eligible entrants.  The awarding of the Prize is contingent upon full compliance with these Official Rules and subject to Sponsor’s verification of the potential winner, the entry, and any other documentation required and/or requested by Sponsor in connection with the Prize and/or Giveaway.

Sponsor expressly reserves the right to delay the announcement of the winner for any reason Sponsor deems necessary.  The decisions of Sponsor are final and binding in all matters relating to this Giveaway, including, without limitation, the selection of the winner and/or any potential winners of the Prize, and the payment of any Prize.

6. CLAIMING THE PRIZE

In order to claim the Prize, the selected winner: (i) must meet all eligibility requirements, (ii) shall be required to produce proof of identity, address and birth date, and (iii) must each execute and return (as applicable) certain Prize winner documents, including but not limited to, an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, use of name and likeness releases (collectively, “Winner Documents”). Winner Documents must be completed in full and returned to Sponsor via PDF/scanned e-mail (or other method specified by Sponsor) within seven (7) days, or other time period specified by Sponsor, of issuance of the Winner Documents.

The selected potential winner shall not be deemed a winner until the selected potential winner’s prize claim is validated and the applicable potential winner receives official written notification from the Sponsor (upon such notification, such potential winner will be deemed a “Winner”).

The Prize shall be forfeited, if the applicable potential winner: (1) refuses or fails or is otherwise unable to (i) accept the Prize or any portion of the Prize for any reason, (ii) provide proof of identity and/or any other information required or requested hereunder, (iii) provide the affidavit, liability and publicity release, (iv) complete tax forms (including IRS W-9 form) or other documentation required hereunder, and/or (2) does not meet the eligibility requirements and/or is found to have violated the Official Rules. The Prize and/or any Prize documents returned as undeliverable will result in forfeiture of the Prize.

ANY VIOLATION OF THESE OFFICIAL RULES BY ANY SELECTED POTENTIAL WINNER WILL RESULT IN THE DISQUALIFICATION OF SUCH AS INDIVIDUAL AS A WINNER OF THE PRIZE AND ALL PRIVILEGES AS A WINNER OF THE PRIZE WILL BE IMMEDIATELY TERMINATED.

Upon any forfeiture of the Prize the Sponsor will have no further obligation to the applicable selected potential winner.  Sponsor will use reasonable efforts to pick an alternate potential winner from the remaining eligible entries for the applicable Prize, but, in the event, an alternate potential winner cannot be determined, the Prize will not be awarded.  In the case of an unclaimed Prize, no subsequent winner will be selected except for possibly in Sponsor’s sole discretion.

The Prize will be shipped to the applicable Winner within thirty (30) days from Sponsor’s receipt of the completed and signed Winner Documents.

All Prizes are non-returnable and non-refundable. Sponsor will not replace any lost or stolen Prize items.

7. TAXES

Winner will be solely responsible for any and all costs and expenses associated with the participation in the Giveaway and/or acceptance or use of Prize not specifically provided for in these Official Rules, including without limitation any and all applicable federal, state and/or local taxes, provided that the Sponsors have the right to withhold any amounts required by law. If required by applicable laws, Sponsor will issue an IRS Form 1099 or equivalent form in the name of the Winner for the actual value of the Prize.

8. PUBLICITY

Unless prohibited by applicable law, the acceptance of a Prize constitutes the Winner’s permission to use the Winner’s name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such Winner or any review or approval rights, notifications, or permissions; and constitutes the Winner’s consent to disclose the Winner’s personally identifiable information to third parties (including, without limitation, placing the Winner’s name on a Winner’s list).

9. GENERAL TERMS

By participating in the Giveaway, you hereby agree to indemnify and hold the Giveaway Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of these Official Rules, including, without limitation, any of the warranties, representations or covenants made by you hereunder.

Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated registration/entry; (ii) to have tampered with the registration/entry process or the operation of Giveaway; (iii) to engaged in any unfair or deceptive behavior, including, without limitation, plagiarism or violation of any person’s intellectual, proprietary, property, or privacy rights; (iv) to display behavior that will bring such person or Sponsor into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Giveaway; or (vi) to be acting in violation of these Official Rules.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY BY CHEATING, ENGAGING IN DECEPTION, PLAGIARISM, OR ANY OTHER UNFAIR PRACTICES OR ANY OTHER MEANS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PERSON AND ANY ENTRIES SUBMITTED BY SUCH PERSON, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.

10. IMPORTANT PLEASE READ – WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY & RELEASES

You understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in the Giveaway and/or the acceptance, possession and use of the Prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the Prize.

The Giveaway Entities shall not be liable for: (1) any failed, returned or misdirected notifications based on inaccurate information provided by any selected potential winner of a Prize; (2) any entries submitted by any participant, and/or any notifications to, or responses from, any selected potential winner, and/or other documents and/or communications sent to, or received from, any selected potential winner, which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended potential winner in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit any participant’s ability to participate for the Giveaway; or (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to any participant’s or any other person’s computer or mobile device in connection with this Giveaway.

The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, or actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

PARTICIPATION IN THE GIVEAWAY, AND USE OF THE PRIZE, IS AT YOUR OWN RISK. THE GIVEAWAY AND PRIZE IS PROVIDED “AS IS” AND NEITHER SPONSOR, NOR ANY GIVEAWAY ENTITY, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPONSOR HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE GIVEAWAY.

AS A CONDITION OF SUBMITTING AN ENTRY AND/OR PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT, TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) UNDER NO CIRCUMSTANCE WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY, OR ANY PRIZE GRANTED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION AS SET FORTH IN SECTION 12 BELOW; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF- POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES.

BY SUBMITTING AN ENTRY AND/OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS THE GIVEAWAY ENTITIES, VICE AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, AND/OR REPRESENTATIVES, AND EACH SOCIAL MEDIA PLATFORM THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, AND/OR REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, OR INFRINGEMENT OF COPYRIGHT), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, THESE OFFICIAL RULES, THE GIVEAWAY, YOUR PARTICIPATION IN THE GIVEAWAY, AND/OR THE USE AND/OR POSSESSION OF THE PRIZE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY LAW OR LEGAL PRINCIPLE OF SIMILAR EFFECT IN ANY JURISDICTION WORLDWIDE) IN CONNECTION WITH THE FOREGOING, WHICH STATES: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU ACKNOWLEDGE AND AGREE THAT THE WAIVER AND RELEASE IS BINDING UPON THE HEIRS AND ASSIGNS OF ANY OF THE RELEASING PARTIES AND IS IRREVOCABLE.

11. PRIVACY

By submitting an entry or otherwise participating in the Giveaway, or any part thereof, you agree that your entry and any other information provided by you or collected by Sponsor in connection with the entry and/or the Giveaway may be used by Sponsor as set forth in these rules and/or as otherwise set forth in Sponsor’s Privacy Policy available at: www.dakotawatch/privacy-policy.

12. GOVERNING LAW; DISPUTE RESOLUTION

These Official Rules shall be governed by California law, without regard to conflicts of laws provisions.

By participating in this Giveaway, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Giveaway Entities relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will take place in Cincinnati, Ohio, and shall be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law. If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules. Neither entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.  If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.

13. OFFICIAL RULES & LIST OF PRIZE WINNERS

All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be received by Sponsor by 11:59 PM Eastern Time on May 31,2024.  For the names of the Winners and/or Official Rules send your request via email to support@dakotawatch.com; with the Subject Line: “Black Ana Digi Giveaway Winners List and/or Official Rules”.

14. SPONSOR:  Cooper and Company, Inc.