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The 5TH SWISS Terms and Conditions

Official Rules (“Official Rules”) of the The 5TH SWISS 2019 Pre-Launch Contest:

1. Grand Prize Winner will receive an all inclusive trip to Switzerland from their Country of residence.

Full- Ski and Snowgear including Heli-Skiing experience with Alex McBride.

The #00 Limited Edition Watch will be presented to the winner at the “Top of Europe” in Switzerland.

The estimated value of the grand prize is approximately $8997USD (+)

The odds of winning are increased on the number of entries from friends referred.

The prize will only be able to be fulfilled if the Crowdfunding project reaches its funding goal.

The contest is administered by (“ The 5TH ”) and any questions, comments or complaints regarding the contest must be directed to The 5TH.

The 5TH , as prize provider, is not responsible for the administration, execution, or conduct of the contest.

2. BY ENTERING THIS CONTEST (“Contest”), YOU REPRESENT THAT YOU HAVE READ THESE OFFICIAL RULES AND ANY APPLICABLE WEBSITE POLICIES AND/OR TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

3. The contest is open to all individuals 18 or older. Employees, representatives and immediate family and household members of The 5TH , their affiliated companies, and Independent Contractors are not eligible to participate in the contest.

4. How to ENTER: Enter by completing the form on the The 5TH’s page located at https://producthype.co/ The 5TH SWISS . ONE Entry per person via the form.

Entries will be accepted via the entry form at https://producthype.co/ The 5TH SWISS until 9:00 a.m. EST on

5. The 5TH referral program is a giveaway that increases your chances of winning by the total number of entries you have earned. The entries can be accrued by sharing this contest and referring your friends to earn more entries. The winners will be chosen at random at the end of the contest— the more entries you earn, the more likely you are to win.

By joining the The 5TH SWISS referral program, you agree to not create fake email addresses or phone numbers, build bots to refer through any of the systems above, or in any other way engage in behavior that results in the illegitimate gaining of points for yourself or others. The Referral program must be entered by submitting an entry using the online form provided on this referral program website. The entry must fulfill all referral program requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of The 5TH SWISS . You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of The 5TH SWISS .

Winners will be contacted via the email address and/or phone number provided. If The 5TH SWISS is unable to contact a potential winner within 2 business days, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at The 5TH ’s discretion, an alternate winner will be selected.

6. By participating in this contest, each entrant further agrees (and agrees to confirm in writing): (a) to release, discharge and hold harmless The 5TH , and their respective parent companies, affiliates, subsidiaries and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries (including personal injury), liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the contest or any contest-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel/activity related thereto); (b) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by The 5TH and its designees, without compensation (unless prohibited by law) or additional consents; and (c) entrant’s personal data, as provided to The 5TH , may be passed to a third party, to enable such third party to fulfill any necessary requirements relating to the award of a prize. By entering this contest, you consent to the transfer of such personal data to such third-parties.

7. Released Parties are not responsible for lost, late, incomplete, damaged, illegible, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the contest, including, without limitation, lost, stolen or misdirected referrals, errors or difficulties which may occur in connection with the administration of the contest, the processing of registrations, the

announcement of the prizes, or in any contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by The 5TH , will be disqualified and all associated entries will be void. Should any portion of the contest be, in The 5TH’ s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the , corrupt or impair the administration, security, fairness, or submission of entries, reserves the right at its sole discretion to suspend, modify or terminate the contest (or portion thereof) and, if terminated, at its discretion, select the potential winner(s) at issue from all eligible, non-suspect entries received prior to action taken in a random drawing from among all eligible entries received. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, The 5TH RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

8. The 5TH SWISS makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND The 5TH HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

9. In the event that The 5TH is prevented from awarding prizes or The 5TH is prevented from continuing with the contest 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, 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 The 5TH or control (each a “Force Majeure” event or occurrence), then The 5TH shall have the right to modify, suspend, or terminate the contest. If the contest is terminated before the designated end date, The 5TH will (if possible) select the winner in a random drawing from all eligible, non-suspect entries 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). The invalidity or unenforceability of any provision of these Official 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 Official 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.

10. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter. You understand that you are providing your information to The 5TH . The information you provide will be used to alert the winner of the contest.

11. By registering for this content, you provide consent to receiving contest-related email messages, FaceBook Messenger messages and text messages including alerts, updates on your status, and reminders to participate and complete contest-related activities. You also consent to receiving marketing emails and text messages from The 5TH from which you may unsubscribe at any time.

12. No Purchase Necessary. For those who do not have access to the internet, most public libraries offer free access to the internet.

13. In the case that the entry form does not work, you will be able to email in your entry to The 5TH . Form entries are limited to one per person.

Any questions, comments or concerns regarding the contest should be directed to The 5TH at [email protected]