THE #SUITUP 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 #SuitUp Contest (the "Contest") entry period begins at 8:00 AM Eastern Time ("ET") on March 28, 2015 and ends at 11:59 PM ET on April 3, 2015 (the "Entry Period"), when all entries must be received. Eastern 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
1. Eligibility. The Contest is open only to legal residents of the continental 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 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 participate in the Contest, you must have an account with Instagram. If you do not already have an account with Instagram, you may create a free account as instructed by Instagram. To enter the Contest, during the Entry Period, Entrants must comply with the following requirements: 1) Follow the Perry Ellis Instagram page, 2) Share a photo of themselves wearing a Perry Ellis branded suit item (i.e. jacket, pant, business shirt, tie, belt, cufflinks, dress shoes or any combination of these items) and 3) In the comments, mention the item(s) being worn and include the tag @PerryEllis and hashtags #VeryPerry and #SuitUp. The best photo will awarded the prize. The photo entries will be judged on originality, creativity and in accordance with the contest theme.
ALL ENTRIES MUST BE RECEIVED BY 6:00 PM EST on April 3, 2015. No other method of entry will be accepted. There is no limit on the number of entries per person. Entries will be deemed to have been submitted by the authorized Instagram account holder associated with the username used at the time of the entry via Instagram. "Authorized Instagram account holder" is defined as the natural person who is assigned to the user name by Instagram that is responsible for assigning Instagram user names associated with the submitted Instagram photo and comments. Participants must enter using only an Instagram account subscribed to and registered in his/her name. Computer generated entry forms and entries (except as permitted in these Official rules) are ineligible and will be disqualified. Entries or attempting to enter the Contest multiple times through the use of multiple email addresses or Instagram user names, or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
3. Selection of Winner. At the conclusion of the Entry Period, one (1) winner will be selected from all eligible entries received. Winner confirmation is subject to verification of eligibility and compliance with these Official Rules. Odds of winning a prize depend on the number of eligible entries received. The selection of the winner shall be final and cannot be appealed.
4. Prizes. One (1) $200.00 Perry Ellis gift card, worth an approximate value of $200.00. Any difference between actual value and stated ARV will not be awarded. All federal, state and local taxes on the prize are the sole responsibility of 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 any 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 all prizes is in U.S. dollars.
5. Winner Notification. Winners will be notified by direct message on Instagram on or about April 6, 2015 using the Instagram user name used for each potential winner’s entry, and may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") within the time frame or by the date specified in notification or an alternate winner may be selected, as determined by Sponsor in its sole discretion. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted 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,
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, including but not limited to, inactive email and/or Instagram account, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her email and/or Instagram account; (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. Sponsor reserves the right, in its sole discretion, to disqualify and/or revoke a prize award from 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) suspected of entering or attempting to enter the Contest multiple times through the use 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 Contest, Sponsor reserves 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 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, in Sponsor's discretion, notice may be posted at the
8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor and its 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 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 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.
9. Sponsor: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Any and all questions; comments or complaints regarding the Contest must be directed to Sponsor, not Instagram.
10. Winner List. To receive a statement of who was selected the winner, after April 6, 2015, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: Marketing “#SuitUp”, 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by April 9, 2015.