THE #VERYVALENTINE 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 #VeryValentine Contest Official Rules (the "Contest") entry period begins at 12:01 AM Eastern Time ("ET") on January 28, 2015 and ends at 11:59 PM ET on February 4, 2015 (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.
inappropriate content. Although it is free to enter the Contest, if you participate in the Contest using your mobile device, data and message charges may be incurred.
3. Winner selection; odds of winning. The Sponsor-designated judges will randomly draw four (4) potential winners from all eligible entries received during the Entry Period. 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. Each winner will receive a Perry Ellis gift card valued at $200 (approximate retail value ("ARV") of each prize: $200, totaling $800). 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 via email on or about February 5, 2015 and are subject to verification as to eligibility prior to the awarding of the prize. The 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. Winners must redeem prize within 48 hours from date of winner notification or prize will be forfeited and an alternate winner may be selected from among the other eligible entries received. 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 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.
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 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, social media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Contest, entrants will be sharing their personal information
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, 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 online.
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 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.
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, Facebook. You understand that you are providing your information to Perry Ellis International, Inc. and not to Facebook. 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 Facebook.
10. Winner List. To receive a statement of who was selected as the winners, after February 9, 2015, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: #VeryValentine Contest, 3000 N.W. 107 Avenue, Miami, Florida 33172.