THE #VERYPERRYSWIM 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 #VeryPerrySwim Contest (the "Contest") entry period begins at 9:00 AM Eastern Time ("ET") on April 28, 2014 and ends at 11:59 PM ET on May 12, 2014 (the "Entry Period"), when all entries must be received. Eastern Time shall control for all purposes of this Contest. Sponsor's computer is the official time-keeping device 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 continental United States, who are at least 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"), its respective 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. You must be a registered user of Twitter (www.twitter.com) and a follower of Perry Ellis to participate in the Contest. If you are not a registered user of Twitter, visit https://twitter.com/signup to register, which is free. Once you are a registered user of Twitter, become a follower of Perry Ellis by visiting www.twitter.com/perryellis (the "Perry Ellis Twitter") and clicking "Follow." By entering the Contest, you represent and warrant that you are in compliance with Twitter's Terms of Service.
2. How to enter. To enter the Contest, during the Entry Period, an entrant must tweet his or her favorite summer memory (the “Tweet”). In order to be eligible for entry, the Tweet must: (i) be less than 140 characters, (ii) use #VeryPerrySwim in the Tweet; and (iii) tag @perryellis. In addition to the above requirements, the Tweet must be in English and comply with these Official Rules to be eligible. The Tweet may not contain obscene, lewd or inappropriate text, including but not limited to references to sex, nudity, acts of violence or acts that may cause harm, as determined in Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any entry that 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. The Tweet will count as one (1) entry into the Contest. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON MAY 12, 2014. Anyone found to be using multiple Twitter accounts to enter will be ineligible to enter or win. Entries will not be acknowledged and become the property of Sponsor upon submission. If you make or receive tweets from your mobile phone, standard text message and data rates may apply. Terms and conditions of Twitter apply. Entries using any automated means to follow, tweet or otherwise participate are not eligible. In the event of a dispute as to the owner of an entry, the entry will be deemed to have been submitted by the authorized account holder of the Twitter account from which the entry is made. A potential winner may be required to provide proof that potential winner is the authorized account holder of the email address associated with the winning entry.
3. Winner selection; odds of winning. The Sponsor-designated judges will randomly draw three (3) potential winners from among all eligible entries received. Odds of winning depend on the nature, quality and number of eligible entries received during the Entry Period. Decisions of judges are final and cannot be appealed.
4. Prizes. Three (3) winners will each receive a Perry Ellis gift bag valued at one hundred dollars ($100). 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. Total approximate retail value of all prizes is in U.S. dollars.
5. Winner Notification. Winners will be notified on or about May 12, 2014 and are subject to verification as to eligibility prior to the awarding of the prize. Winners 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. In the event: (a) 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) a 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) a potential winner is found to be ineligible to enter the Contest or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavitrelated 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.
7. Grant of Rights. Each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free license to use the Tweet 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 Tweet is owned by entrant and has not been previously published, distributed or otherwise exploited; (ii) the Tweet is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Tweet does 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 Tweet does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its 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. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation, responsibility or liability, 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 accounts or an entrant's failure to monitor its email 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; (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; or (h) any typographical or other error contained in the Official Rules or other Contest-related materials. 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 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 email 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 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 prizes 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, in Sponsor's discretion, notice may be posted at the 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 Sponsor, Dillard's, and their respective 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 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. 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.
11. 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, Twitter. You understand that you are providing your information to Perry Ellis International, Inc. and not to Twitter. The information that you provide will only be used in accordance with the administration of the Contest and any other purpose for which you granted consent by entering this Contest. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Twitter.
12. Winner List. To receive a statement of who was selected the winner, after May 12, 2014, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: #VeryPerrySwim Contest, 3000 N.W. 107 Avenue, Miami, Florida 33172.