THE "ULTIMATE PERRY ELLIS HONEYMOON GIVEAWAY" CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The "Ultimate Perry Ellis Honeymoon Giveaway" Contest (the "Contest") entry period begins at 12:01 AM Eastern Standard Time ("EST") on April 23, 2010. All submissions must be received by noon on Friday, May 14, when all entries must be received (the "Entry Period"). Finalists will be selected on Friday, May 14, and the finalists notified by Monday, May 17. Facebook voting begins on Monday, May 17 and ends at noon on May 31, 2010. Eastern Standard Time shall control for all purposes of this Contest. Sponsor's clock shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
1. Eligibility. The Contest is open only to legal residents of the 50 United States, who are 18 years of age or older and engaged to be married at the time of entry. Proof of residency and age may be required. Employees of Perry Ellis International, Inc. ("Perry Ellis"), the Beacon Escazu Boutique Hotel Costa Rica, and their respective parent, subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Contest.
2. How to enter. To enter, during the Entry Period, go to the Perry Ellis® Facebook fan page at http://www.facebook.com/PerryEllis, and click the link on the contest widget to get the details of the contest and to access the official contest rules. Entrants will then send an email to pehoneymoon@pery.com with their contest essay and two (2) pictures. You must submit an essay of one hundred (100) words or less describing your love story and how you got engaged (the "Essay"); and two (2) recent, clear, color photos, featuring only the entrant and entrant's fiancé(e), no larger than a total of 2 MB (the "Photos"). The Photos must include one (1) couples' photo and one (1) engagement photo, of you and your fiancé(e). Limit one (1) entry per person throughout the Entry Period. Mechanically reproduced or computer generated entry forms and entries (except as permitted in these Official Rules) are ineligible and will be disqualified. All entries and other submitted information including, without limitation, the Essay, must be in English to be eligible. Entries that do not comply with these Official Rules will be disqualified, in Sponsors' sole discretion. Sponsors reserve the right, in their sole discretion, to disqualify any entry which Sponsors believe, in their sole discretion, may be defamatory, obscene, profane, offensive, harassing, and inappropriate or that may infringe upon or violate another party's rights. All submissions (including, without limitation, the Essay and Photos) become the property of Sponsors upon receipt and will not be acknowledged or returned.
3. Prize. One (1) Grand Prize Winner will receive a prize package consisting of a travel certificate valid for:
- Roundtrip air travel for two (2) adults on American Airlines from Miami International Airport to Juan Santamaria International Airport
- Arrival and departure transportation from Juan Santamaria International Airport to Beacon Escazu Boutique Hotel
- Five (5) nights stay for two (2) adults at the Beacon Escazu Boutique Hotel in Costa Rica
- $100.00 USD spa credit at the Beacon Escazu Spa
- $200.00 USD restaurant credit at The Muse Restaurant
One (1) Runner Up will receive up to six (6) Perry Ellis suits, shirts, ties, belts and socks for their groomsmen. Each complete outfit is valued at $330.
The approximate retail value ("ARV") of the Grand Prize package is $4,500.00. ARV is in U.S. dollars. Winner and travel companion must travel on the same itinerary and are responsible for all necessary travel documents and travel insurance. Prize package components are subject to availability. Travel may only be booked for travel during the following time periods: July 1 - November 30, 2010; July 1 - November 30, 2011; July 1 - November 30, 2012. Subject to availability. Restrictions and blackout dates may apply. Hotel and airfare taxes are included. All other expenses not specifically listed herein are solely the winner's responsibility, including but not limited to, government, travel and airport fees, taxes, gratuities, alcoholic beverages, meals and all incidental expenses. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of prize permitted by winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Applicable federal, state and local taxes are the sole responsibility of winner. All prizes claimed will be awarded. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
The approximate retail value of the Runner Up Prize is $330 for each groomsman.
4. Selection of Winner. The Sponsor-designated judges will select and post the finalists' Photos and Essay on the Perry Ellis® website at www.perryellis.com (the "Website"), where visitors to the Website can vote for their favorite. On or about June 1, 2010, one (1) grand prize winner and one (1) runner up will be selected by the Sponsor-designated judges from among the finalists on the basis of: (i) originality (30%); (ii) creativity (30%); and (iii) Website visitor vote (40%). Based on the above criteria, the eligible finalist with the highest cumulative score will be selected as the Grand Prize Winner. Odds of winning depend on the nature, quality and number of eligible entries received. Decisions of judges are final and cannot be appealed. In the event of a tie, the finalist involved in the tie with the highest originality score will be selected as the winner. Sponsor reserves the right to disqualify any entry it believes, in its sole discretion, is indecent or otherwise inappropriate.
5. Winner Notification. Potential winner will be notified on or about June 1, 2010 by mail, email and/or telephone, at Sponsor's discretion, using the information provided on the potential winner's entry form and will be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") within seven (7) days of date specified in notification or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry form or winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any. Winner's travel companion must be 18 years of age or older at time of travel. Winner's travel companion (or its parent or legal guardian on its behalf if a minor in its state of legal residence) must execute and return a liability/publicity release (where permitted) prior to issuance of travel documents.
6. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's full name, city and state of residence, photographs or other likenesses (including but not limited to the Photos), pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prize. In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at www.perryellis.com. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy.
7. Grant of Rights. Each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free license to use and display the Photos and Essay in connection with the Contest in any and all media channels.
8. Representations and Warranties/Indemnification. Each person who enters this Contest represents and warrants as follows: (i) the Photos and Essay are owned by entrant and have not been previously published, distributed or otherwise exploited; (ii) the Photos and Essay are wholly original with entrant, and as of the date of submission, are not the subject of any actual or threatened litigation or claim; (iii) the Photos and Essay do not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (iv) the Photos and Essay do not and will not violate any applicable laws, and are not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsors and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors 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 any of the warranties, representations or agreements of entrant hereunder.
9. No Tampering, Right To Cancel, Modify. Sponsors and their respective parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsors reserve the right, in their sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsors reserve the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, notice will be posted at the Website and the Perry Ellis® Facebook Fan Page.
10. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winner agree to release and hold harmless Sponsors and Facebook, their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and winner acknowledge that Sponsors have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Miami-Dade County, State of Florida. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
11. Sponsors: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, and Beacon Escazu Boutique Hotel Costa Rica, 720 Ocean Drive, Miami Beach, FL 33129. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsors, not Facebook.
12. Winner List. To obtain a copy of the winners' list, available after June 1, 2010, send a self-addressed, stamped envelope to: "Ultimate Perry Ellis Honeymoon Giveaway" Contest, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by July 31, 2010.
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THE FALL '10 NEW ORLEANS FOOTBALL SEASON SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Fall '10 New Orleans Football Season Sweepstakes (the "Sweepstakes") entry period begins at 12:01 AM Eastern Standard Time ("EST") on March 8, 2010 and ends at 11:59 PM EST on April 15, 2010 (the "Entry Period"), when all entries must be received. Eastern Standard Time shall control for all purposes of this Sweepstakes. Sponsor's clock shall be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
1. Eligibility. The Sweepstakes is open only to legal residents of the 50 United States, who are 18 years of age or older at the time of entry. Proof of residency and age may be required. Employees of Perry Ellis International, Inc., its subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
2. How to enter. To enter the Sweepstakes, during the Entry Period, click the link to the Perry Ellis® Facebook fan page sweepstakes banner and enter as instructed. Limit one (1) entry per person throughout the Entry Period. Mechanically reproduced or computer generated entry forms and entries (except as permitted in these Official Rules) are ineligible and will be disqualified.
3. Prize. Four (4) First Prize Winners will each receive two (2) tickets to a New Orleans Saints Fall 2010 season home game (game dates to be determined by Sponsor in its sole discretion; subject to availability) (approximate retail value ("ARV") $400 per prize). Four (4) Second Prize Winners will each receive a football and headshot autographed by Pierre Thomas (ARV $750 per prize). Total ARV of all prizes is $4,600 but ARV may fluctuate depending upon cost and availability of game tickets. Restrictions may apply. All federal, state and local taxes on the prize are the sole responsibility of the winner. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of prize is in U.S. dollars.
4. Random Drawing; Odds of Winning. Four (4) potential First Prize Winners and four (4) potential Second Prize Winners will be selected by the Sponsor-designated judges from all eligible entries received in a random drawing to be held on or about April 19, 2010. Odds of winning depend on the total number of eligible entries received.
5. Winner Notification. Potential winners will be notified on or about April 21, 2010 by email, using the information provided on the potential winner's entry form and will be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") within seven (7) days of date specified in notification or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry form or winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any.
6. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Sweepstakes, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize. In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at www.perryellis.com. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy.
7. No Tampering; Right To Cancel; Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, notice will be posted at the Perry Ellis® Facebook Fan Page.
8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, entrants and winners agree to release and hold harmless Sponsor and Facebook, their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Miami-Dade County, State of Florida. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
9. Sponsor: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor, not Facebook.
10. Winner List. To obtain a copy of the winners' list, available after April 23, 2010, send a self-addressed, stamped envelope to: Fall '10 New Orleans Football Season Sweepstakes, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by June 30, 2010.
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"DESCRIBE YOUR PARADISE" CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The "Describe Your Paradise" Contest (the "Contest") entry period begins at 12:01 AM Eastern Standard Time ("EST") on Tuesday, December 1st, 2009 and ends at 11:59 PM EST on Thursday, December 31, 2009 (the "Entry Period"), when all entries must be received. Eastern Standard Time shall control for all purposes of this Contest. Sponsor's clock shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void were prohibited.
1. Eligibility. The Contest is open only to legal residents of the 50 United States who are 18 years of age or older at the time of entry. Proof of residency and age may be required. Employees of Perry Ellis International, Inc. ("Sponsor" or "Perry Ellis"), its subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Contest.
2. How to enter. To enter the Contest, during the Entry Period, you must: (1) submit a one (1) minute video (the "Video") depicting your version of "paradise" to http://www.YouTube.com/PerryEllisNow (the "PEI YouTube Site") and (2) submit a link to your uploaded Video, as well as your name, mailing address, email address, and day and night telephone numbers (with area codes) by email to colleen.adams@pery.com (collectively, the "Email Entry Information").
To submit a Video, you must be a registered user ("Registered User") of http://www.YouTube.com (the "YouTube Website"). To become a Registered User, you must register for an account at the YouTube Website and agree to the YouTube Website's Terms of Use set forth at http://www.youtube.com/t/terms (the "Website Terms of Use"). There is no fee or charge to become a Registered User. Once you are logged in as Registered User, follow the links and instruction on the PEI YouTube Site to upload a Video. Video submissions must comply with the YouTube Website's Community Guidelines set forth at http://www.youtube.com/t/community_guidelines (the "Community Guidelines"). By entering and submitting a Video, you agree that you have read and consent to be bound by these Official Rules, the Website Terms of Use and Community Guidelines. Sponsor or its designated representatives reserve the right to disqualify and remove any Video that does not conform to these Official Rules, the Website Terms of Use or Community Guidelines as determined by Sponsor in its sole discretion. Sponsor will not notify Entrant whether the Video has been disqualified and removed. Each Video must also comply with the following:
(a) Each Video must meet YouTube's technical requirements for uploading and must not exceed 2 GB in size. Video must not exceed one (1) minute in length and must be in English.
(b) The Video must be your own original work, created solely by you; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
(c) The Video must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
(d) If any persons appear or are referred to in the Video, you are solely responsible for obtaining, prior to submitting your Video, any and all releases and consents necessary to permit the exhibition and use of the Video by Sponsor in accordance with these Official Rules. If any person appearing in any Video is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release.
(e) Videos that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or Videos that otherwise contain inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor's sole and unfettered discretion.
(f) The Video must not contain any personally identifiable information of any person other than yourself. Should you include personally identifiable information about yourself in your Video, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
(g) You may not be, nor may you work with parties in conjunction with your Video who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display your Video in any media form; 2) subject to an acting or modeling contract that would make your/their appearance in the Video a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Video worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Video that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules, the Community Guidelines or the Website Terms of Use. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
The Video and Email Entry Information are collectively referred to hereafter as the "Entries". ALL ENTRIES MUST BE RECEIVED BY 11:59 PM EST ON THURSDAY, DECEMBER 31, 2009. Limit one (1) Entry per person throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. By entering this Contest, entrants represent and warrant that the Video is original, is owned by entrant, has not been previously published, distributed or otherwise exploited, does not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity, and that the Video was entirely created by entrant solely for the purpose of entering the Contest. Mechanically reproduced or computer generated entry forms and entries (except as permitted in these Official Rules) are ineligible and will be disqualified. Sponsor not responsible for lost, late, misdirected, illegible, incomplete, damaged, destroyed, forged, tampered with, mutilated or stolen entries, busy signals or any other unsuccessful attempts at entering; printing errors appearing on the entry form, within these Official Rules, in any Contest-related advertisements or other materials including, without limitation, these Official Rules; or other errors of any kind whether mechanical, human, electronic or otherwise. Entries that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, forged, mutilated, misdirected, inaccurate, unintelligible, incomprehensible or otherwise not in compliance with these Official Rules will be disqualified. All entries generated by a script, macro or other automated/repetitive electronic means (except as allowed in these Official Rules) will be disqualified and ineligible for the Contest. All entries and other submitted information including, without limitation, the Video, must be in English to be eligible. Entry submitted by an entrant who does not comply with these Official Rules will be disqualified. Sponsor reserves the right, in its sole discretion, to disqualify any entry which Sponsor believes, in its sole discretion, may be defamatory, obscene, profane, offensive, harassing, and inappropriate or that may infringe upon or violate another party's rights. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned. By entering, entrants irrevocably grant Sponsor, its subsidiaries, divisions, affiliates, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit and/or otherwise use the Video (in whole or in part) and copyrights therein, in any way and in any and all media, in Sponsor's sole discretion, including but not limited to, the posting of any Video (in whole or in part) on social networking sites or any websites owned or operated by Sponsor or its affiliates, divisions or subsidiaries. Upon Sponsor's request, entrants agree to sign any and all legal forms deemed necessary by Sponsor to irrevocably assign, convey and transfer to Sponsor any and all right, title and interest in and to the Video, including without limitation, all copyrights associated therewith.
3. Prize. One (1) Grand Prize Winner will receive a prize package consisting of a travel certificate valid for:
- Roundtrip air travel for two (2) adults on American Airlines from Miami International Airport to Juan Santamaria International Airport
- Arrival and departure transportation from Juan Santamaria International Airport to Beacon Escazu Boutique Hotel
- Five (5) nights stay for two (2) adults at the Beacon Escazu Boutique Hotel in Costa Rica
- $100.00 USD spa credit at the Beacon Escazu Spa
- $200.00 USD restaurant credit at The Muse Restaurant
For optional pre- and post- stay hotel in Miami at winner's own expense, winner and winner's travel companion will receive a twenty-five percent (25%) discount at the Beacon Hotel South Beach.
The approximate retail value ("ARV") of the prize package is $4,500.00. ARV is in U.S. dollars. Winner and travel companion must travel on the same itinerary and are responsible for all necessary travel documents and travel insurance. Prize package components are subject to availability. Winner must book travel at least 30 days prior to travel dates. Travel may only be booked during the following time periods: June 1 - October 31, 2010; June 1 - October 31, 2011; June 1 - October 31, 2010, for travel only during the following time periods: July 1 - November 30, 2010; July 1 - November 30, 2011; July 1 - November 30, 2012. Travel certificate is valid for two (2) years from date of issue. Subject to availability. Restrictions and blackout dates may apply. Hotel and airfare taxes are included. All other expenses not specifically listed herein are solely the winner's responsibility, including but not limited to, government, travel and airport fees, taxes, gratuities, alcoholic beverages, meals and all incidental expenses. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of prize permitted by winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Applicable federal, state and local taxes are the sole responsibility of winner. All prizes claimed will be awarded. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
4. Selection of Winner. On or about January 15th, the winner will be selected by the Sponsor-designated judges from among all eligible entries received on the basis of (i) substance; (ii) persuasiveness; (iii) creativity; and (iv) originality. Based on the above criteria, each of which will be given equal weight, the eligible entrant with the highest cumulative score will be selected as the Grand Prize Winner. Odds of winning depend on the nature, quality and number of eligible entries received. Decisions of judges are final and cannot be appealed. In the event of a tie, the entrant involved in the tie with the highest combined creativity/originality score will be selected as the winner. Sponsor reserves the right to disqualify any entry it believes, in its sole discretion, is indecent or otherwise inappropriate. On or about February 1st, the selected potential winner will be notified by mail, phone and/or e-mail, at Sponsor's discretion, using the information provided on the potential winner's Entries. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. In Sponsor's sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible entrants if selected potential winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the potential winner's Entries or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; (iii) is found to be ineligible to enter the Contest or receive the prize; or (iv) cannot or does not comply with these Official Rules. Forfeited prizes may not be awarded. Sponsor is not obligated to leave voice mail, answering machine, or other message. Selected Grand Prize Winner will be required to complete, notarize and return (as directed by Sponsor) an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law)(collectively, the "Affidavit") within fourteen (14) days of date specified in notification or, in Sponsor's sole discretion, prize may be forfeited and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entrants. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any. Winner's travel companion must be 18 years of age or older at time of travel. Winner's travel companion must execute and return a liability/publicity release (where permitted) prior to issuance of travel documents. In Sponsor's sole discretion, the Grand Prize Winner's Video (in whole or in part) may be posted on social networking sites or any websites owned or operated by Sponsor or its affiliates, divisions or subsidiaries.
5. General Conditions. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects and cannot be appealed. By entering, entrant agrees and acknowledges that Sponsor, its affiliates, divisions, subsidiaries and advertising and promotional agencies and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, "Releasees") are not responsible and shall not be liable for, and are released and held harmless from: (i) late, lost, stolen, delayed, misdirected, postage due, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible entries or notices; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest or the submission and/or processing of Entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entries or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or any prize-related activity (or any component thereof) or resulting from redemption, acceptance, possession, loss or use or misuse of any prize component or from participating in the Contest or any Contest-related activity, or inability to participate in the Contest or for any claims or causes of action based on publicity rights, defamation, invasion of privacy or violation of intellectual property rights; or (v) any printing, typographical, human, administrative or technological errors in or involving any material associated with the Contest. In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, seeding, human or other error or problem, entrant with the highest score from among all eligible prize claims will be selected as the winner in accordance with these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. Sponsor disclaims any liability for damage to any computer system related to or resulting from participating in, accessing, submitting or downloading information and/or documents in connection with the Contest. By entering the Contest, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
Entrants agree to indemnify and hold Releasees harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorneys' fees, that any one or more of them may sustain from any breach of a representation or warranty made by the Entrant or the use of any rights granted by the Entrant to Sponsor hereunder.
By accepting a prize, the winner agrees and acknowledges that Releasees and any of their designees may, without any limitation or further compensation, use his/her name, voice, biographical data, likeness, picture, entry materials, photograph, Video (in whole or in part), city name and audio and/or video recording of him/her in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Contest, or any other promotion, contest or sweepstakes sponsored by Sponsor or for any other promotional purpose, except where prohibited by law. By participating in the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prizes. In addition, by participating, entrants agree to Sponsor's use of entrant's personal information as described in Sponsor's privacy policy at http://www.perryellis.com/page/peprivacypolicy, not YouTube's privacy policy. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosure made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation, to select the winner from the remaining, non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that Contest is modified, cancelled or suspended, notification of such event will be posted at www.perryellis.com and the PEI YouTube Site. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prize package or any component thereof. Sponsor may prohibit participant from participating in the Contest or winning a prize if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Miami-Dade County, State of Florida. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
6. Sponsors: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172; and the Beacon Escazu Boutique Hotel, 150 Meters West of the Central Park, Downtown Escazu, San Jose Costa Rica. YouTube is not a sponsor of the Contest and has no responsibility or liability regarding the conduct or administration of the Contest.
7. Winner List. To obtain a copy of the winners' list, available after February 1, 2010, send a self-addressed, stamped envelope to: "Describe Your Paradise" Contest, 3000 N.W. 107 Avenue, Miami, Florida 33172.
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