THE PERRY ELLIS "WHERE'S PERRY" 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 Perry Ellis "Where's Perry" Contest period will commence on December 5, 2013 at 12:01 AM Eastern Time ("ET") and will end at 11:59 PM ET on January 1, 2014 (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 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") and 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. If you are not already following Perry Ellis on Instagram, visit http://instagram.com/perryellis (the "Page") and click "Follow" to become a follower. During the Entry Period, Sponsor will randomly post a photo to the Page from a recognizable holiday landmark or mall around the United States with the hashtag "#MerryPerry Gift Box" (each, a "Photo") and will ask the Page followers to answer the question "Where's Perry?" (each, a "Question"). Over the course of the Entry Period, there will be a total of up to eight (8) different Photos posted, for up to eight (8) different opportunities to enter to win a prize. The Photos will be posted at random and each Photo will be posted no more than twice per week. To receive one (1) entry into the Contest as relating to a specific Photo, you must leave a comment in the comment box associated with that Photo, answering the Question. Limit one (1) entry per person per Photo/Question. Entries by the same person in excess of the limits stated herein will be disqualified. Entries will be deemed to have been submitted by the authorized account holder of the email address associated with the Instagram account that was used for 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. Mechanical or computer generated entries are ineligible and will be disqualified. Entering or attempting to enter the Contest multiple times through the use of multiple Instagram accounts or the use of any robotic or automated devices to submit an entry is prohibited and any such entries will be deemed void and disqualified. To enter, you must have an account with Instagram, which you may create for free, and you must "follow" the Page in order to enter. 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. For each Photo/Question, the entrant that was the first person to post the correct answer to the Question associated with that Photo will be deemed the winner of the Contest portion relating to that Photo/Question, for a total of up to eight (8) potential winners over the course of the entire Entry Period. Odds of winning the Contest as associated with each Photo/Question will depend upon the number, timing and nature of eligible entries received. There is no guarantee that a correct answer will be posted for each Question associated with each and every Photo. In the event that no one posts the correct answer to a Question associated with a particular Photo, then the prize for that Photo/Question portion of the Contest will go unawarded. An entrant may not win more than one (1) prize in the overall Contest. The correct answer to each Question will be as determined solely by Sponsor and decisions of the Sponsor are final and cannot be appealed.
4. Prizes. There will be up to eight (8) prizes available to be won, one (1) of which prizes will be awarded per winner as selected by Sponsor in its sole discretion from the following prizes: (1) a "Perry Ellis: An American Original" book (approximate retail value ("ARV") $85.00); (2) a Perry Ellis Men fragrance (ARV $65.00); (3) a $100.00 Perry Ellis gift card (ARV $100.00); and (4) a $200.00 Perry Ellis gift card (ARV $200.00). Total ARV of all prizes potentially available to be won is $900.00. The Perry Ellis gift card prizes will be awarded in the form of an electronic gift card that may be used online at www.perryellis.com or in-store at any Perry Ellis-owned retail store or outlet. The electronic gift card may be used for multiple purchases and does not have to be used all at once, providing there is an available balance remaining on the electronic gift card. To use in-stores, print the electronic gift card and bring it to the Perry Ellis store for use at checkout. To use online, enter the certificate code shown on the electronic gift card. Electronic gift cards are not redeemable for cash and will not be replaced if lost or stolen. All federal, state and local taxes on the prizes are the sole responsibility of the winners. Unclaimed prizes will not be awarded. Any portion of a prize not accepted or unclaimed and/or unused by a 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 prizes is in U.S. dollars.
5. Winner Notification. Potential winners will be announced via Instagram comment on the Page immediately upon Sponsor's determination of each winner. Potential winners may be required, in Sponsor's discretion, 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 by Sponsor or prize will be forfeited. 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) a potential winner does not respond to winner notification or cannot be reached for whatever reason after a reasonable effort has been exerted 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 the associated prize will go unawarded or, in Sponsor's sole discretion, an alternate potential winner may be selected from among the other eligible entries received.
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 Instagram accounts or entrant's failure to monitor his/her Instagram or 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; 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 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 accounts or 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 Contest Period, in Sponsor's discretion, notice may be posted at the Page.
8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winners agree to release and hold harmless Sponsor and Instagram, and their respective, parents, 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 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. 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 obtain a copy of the winners' list, send a self-addressed, stamped envelope to: Where's Perry Contest, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by February 28, 2014.