I saw the same thing, either out of round, or the gasket is not completely on, or the photo is just from on odd angle.I have no idea, but in the picture there seems to be a bit of "out of round" at the 7 o'clock position when closed, or 11 o'clock postion when open.
Ah I see it is gasket stuck on a flat surface, no harm.
Yeah, as you use it, it gunks up with smoke and grease and eventually tightens up. BabyBackManiac suggested smearing a little bit of bacon grease on it, which did help in my case.I think the loose top damper is a common problem. It's annoying to have to check and reset it every time you lift the lid.
Is it supposed to have enough resistance to not spin loosely? Maybe as the gunk builds up it'll stay in position.
Looks like your gasket is not fixed on, you can see the empty hole. Not sure what's missing. I'll have to have a look at mine.
Really enjoyed my cooks so far. It's a learning curve after years of kettles and WSM.