Set forth below are the rules for the One Sunny Day Contest.  This document sets forth the entry requirements, the judging criteria, ownership of designs and other important rules governing this contest.  It is very important that you read these rules carefully before entering the contest, as you will be bound to these rules if you enter the contest.

1. Entry Period.  The Fossil One Sunny Day contest (“Contest”) begins May 1, 2009 at 9:00 am Central Time (“CT”), at which time submissions will first be accepted. Fossil will accept submissions through 5:00 pm CT, June 1, 2009 (the “Submission Period”).  Sponsor’s computer is the official time keeping device for this Contest. 

2. Sponsor.  The Contest is sponsored by Fossil Partners, L.P., 2280 N. Greenville Ave., Richardson, Texas 75082 (the “Sponsor” or “Fossil”).

3. Eligibility.  The Contest is open to residents of the United States and the District of Columbia and to members of the US Armed Forces stationed abroad who are eighteen (18) years of age or older at the time of entry.  Employees of Fossil, Inc., Fossil Partners L.P. and their parents, subsidiaries and affiliated companies as well as the immediate family (spouses, parents, siblings and children) and household members of each such employee are not eligible.  The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. 

4. How to Enter: During the Submission Period, visit www.fossil.com and review the entry guidelines and requirements set forth at: www.fossil.com on the entry pages.

Limit:  You may only enter the Contest once.  Sponsor reserves the right to disqualify multiple entries.  Incomplete or inaccurate entries are void.  Any attempt to obtain more than one entry by using multiple/different email addresses, identities, or any other method will void your entries and you will be disqualified.  Sponsor is not responsible for any lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified.   

 

5. Agreement to Rules.  By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the judges and Sponsor, which are final and binding in all matters related to the Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein. 

6. Judging Criteria.  Eligible entries will be posted on Sponsor’s website at www.fossil.com (the “Website”).  After submission of an entry, Sponsor will determine whether the entry meets all eligibility and design criteria and complies with these Rules and the guidelines and submission instructions set forth at www.fossil.com on the entry  pages.  The determination of whether to post a submission is within the sole discretion of the Sponsor.  Sponsor reserves the right to change this determination at any time. If, in Sponsor’s sole discretion, an entry is deemed acceptable, Sponsor will post the entry on the Website.  At the end of the Submission Period judges will determine the top submissions (“Finalists”).  The judges will consist of an internal panel made up of Sponsor’s brand specialists.  The determination of the Finalists is in the sole discretion of the judges.  The judges’ determinations are final.

From June 3, 2009 through June 17, 2009 (the “Voting Period”) visitors to the Website can vote for the Finalist they believe should be the winner.  Visitors may vote only once per day per computer.  Any attempt to vote more than once per day per computer will void any such votes. The visitor votes will determine the top 3 entries, which will be eligible to win the prizes. The 3 entries with the most votes will be considered the 3 top entries.  In the event of a tie, Sponsor will determine the 3 top entries.

Sponsor reserves the right, in its sole discretion, to discontinue the Contest, in whole or in part, in the event that there are an insufficient number of eligible entries to continue with the Contest.  In addition, in the event that the Sponsor determines that the quality of the entries is insufficient to allow for the use of the entry on the Website, Sponsor shall have the right to decide not to use the entry on the Website other than as part of the Contest.  In addition, Sponsor may disqualify or discount votes during the Voting Period if Sponsor, in its sole discretion, believes that such votes were cast through improper means or in violation of the voting rules.

7. Prizes: 

The entries with the most eligible votes during the Voting Period may be eligible for these prizes. 

Use of the submission deemed to be in 1st place on the Website other than as part of the contest is entirely within the discretion of the Sponsor.  Sponsor will determine the manner of use and the length of time it is in use.  Sponsor is not responsible if any component of the prize packages becomes unavailable for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except in Sponsor’s sole discretion.  Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. 

8. Selection of Winners:  The selection of the Finalists will be announced on or around June 3, 2009.  The top three ranked entries will be announced on or around June 22, 2009.  Sponsor’s and judges’ decisions as to the administration and operation of the Contest and the selection of the potential winners are final and binding in all matters related to the Contest.  The potential winners will be notified by telephone or e-mail instructing them on the winner verification and prize redemption process. 

9. Verification of Potential Winners: Potential winners must comply with these Rules and winning is contingent upon fulfilling all requirements of the Rules.  Each potential winner may be required to sign an affidavit of eligibility and liability/publicity release (except if prohibited) and W-9 tax form and return it to Sponsor within ten (10) days of the date the notice or attempted notice is sent in order to claim their prize and must fulfill any such other requirements as determined by Sponsor. If a potential winner fails to sign and return the affidavit of eligibility and liability/publicity release or tax form within the required time period the potential winner forfeits the prize.  In the event that a potential winner is disqualified for any reason, Sponsor may select an alternate winner or Fossil may determine that no further judging will take place and that designated prize will not be awarded.  Prizes should be distributed on or around July 13, 2009.

10. Release and Limitation of Liability.  Except where prohibited, by participating in the Contest, you agree to release and hold harmless Sponsor, and its subsidiaries, affiliates, suppliers, distributors, parent companies, and each of such company’s officers, directors, employees and agents (collectively the “Released Parties”) 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 Contest or receipt or use or misuse of any prize including, but not limited to: (a) unauthorized human intervention in the Contest; (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 Contest; (c) technical errors related to computers, servers, or telephone or network lines; (d) printing errors; (e) errors in the administration of the Contest 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 Contest or receipt of any prize.  You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event will the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.  SOME JURISDICITIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  If for any reason your entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is another entry in the Contest if possible.

11. Disputes. Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate state court located in Dallas County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all right to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or your rights and obligations hereunder shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules which would cause the application of laws of any jurisdiction other than the State of Texas.

12. Publicity.  Except where prohibited, your participation in this Contest constitutes your consent for the Sponsor and its designee’s to use your name, likeness, photograph, story and state of residence for promotional purposes in any media without further considerations. 

13. Privacy Policy.  Information collected from you is subject to Fossil’s Privacy Policy.

14. General Conditions.  Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part if it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. 

15. Promotion Results and Rules.  For a list of winners and/or a copy of these Rules, send a hand-printed, self-addressed, stamped envelope to One Sunny Day Contest, c/o Fossil, 2280 N. Greenville Ave., Richardson, TX 75082.  Winner list requests must be received by December 1, 2009.  Vermont residents may omit return postage.