PERRY ELLIS WIN YOUR WISH LIST 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 Perry Ellis Win Your Wish List Sweepstakes (the "Sweepstakes") will commence at 12:01 AM Eastern Time ("ET") on December 4, 2013 and ends at 11:59 PM ET on December 22, 2013 (the "Entry Period"), when all entries must be received. Eastern 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 prior to award of any prize. 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 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. During the Entry Period, to automatically receive one (1) entry into the Sweepstakes, you must: (i) create a board on Pinterest named "Win Your #MerryPerry Wish List" (the "Board"); (ii) visit www.perryellis.com (the "Website") and create your wish list by pinning at least four (4) of your favorite items from the Website to your Board by using the "Pin It" Pinterest icon that is located next to the item on the Website; (iii) pin to your Board the official contest image that Sponsor posts to social media; and (iv) share your completed Board on Facebook by copying and pasting the Board's URL into the "Contest Tab" located on the Perry Ellis official Facebook Page at www.facebook.com/PerryEllis (the "Page"). Limit one (1) entry into the Sweepstakes per person. Entries by the same person in excess of the limit 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 account used to share the Board at the time of the 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 e-mail address. Entering or attempting to enter the Sweepstakes multiple times through the use of multiple accounts and email addresses or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified. To enter, you must have an account with Pinterest and Facebook, which you may create for free, and you must "like" the Page in order to access the Contest Tab. Although it is free to enter the Sweepstakes, if you participate in the Sweepstakes using your mobile device, data and message charges may be incurred.
3. Random Drawing; Odds of Winning. There will be three (3) separate weekly drawings (each, a "Weekly Drawing"), which will take place on December 9, 2013, December 16, 2013 and December 23, 2013, respectively. During each Weekly Drawing, one (1) potential winner will be selected in a random drawing from all eligible entries received as of the time of that Weekly Drawing, for a total of three (3) winners overall for the duration of the Sweepstakes period. Limit to one (1) prize per winning entrant for the duration of the Sweepstakes. Odds of winning a Weekly Drawing depend on the total number of eligible entries received as of the time of that Weekly Drawing.
4. Prizes. The winner of each Weekly Drawing will receive the items contained in that winner's wish list, excluding clearance items and limited to items totaling no more than a manufacturer's suggested retail price ("MSRP") of $500 for that wish list (approximate retail value ("ARV") of each prize: $500). Total ARV of all prizes available to be won during the Sweepstakes period is $1,500. In the event that the total of the MSRP of the items in the winner's wish list exceeds $500, Sponsor shall select the wish list items to award winner, in its sole discretion. Sponsor is not responsible if any item in the winner's wish list is unavailable at the time of winner selection and Sponsor shall substitute an item to award in lieu of the item that is unavailable, as selected and determined by Sponsor in its sole discretion. All federal, state and local taxes on the prizes are the sole responsibility of the winner. Any portion of a prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted. Except as otherwise provided herein, 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.
5. Winner Notification. The potential winner of each Weekly Drawing will be announced via a post from Sponsor's Facebook page between the hours of 12:00 PM ET and 5:00 PM ET on the Monday after that Weekly Drawing date. (By way of example for clarity's sake, the potential winner of the Weekly Drawing on December 9th will be announced on Monday, December 16th). Potential winner may also 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") by the date or within the time frame 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) a potential winner does not respond to winner notification or cannot be reached for whatever reason after a reasonable effort has been exerted based on the information used to create potential winner's Website account 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
Sweepstakes 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 Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, 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 email or Facebook accounts or an entrant's failure to monitor its email or Facebook account; (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 accounts, 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 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 prizes 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, in Sponsor's discretion, notice may be posted at the Website and/or Sponsor's Facebook 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, Facebook, Pinterest 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 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. 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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 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 New York, New York. 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 or Pinterest. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor, not Facebook or Pinterest.
10. Winner List. To obtain a copy of the winners' list, available after December 23, 2013, send a self-addressed, stamped envelope to: Perry Ellis Win Your Wish List Sweepstakes, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by January 31, 2014.