THE “PERRY ELLIS FALL 2014 PRODUCT REVIEW” 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 Fall 2014 Product Review” Sweepstakes (the "Sweepstakes") entry period begins at 12:01 AM Eastern Time ("ET") on November 1, 2014 and ends at 11:59 PM ET on January 31, 2015 (the "Entry Period"), when all entries must be received. Eastern Time shall control for all purposes of this Sweepstakes. Sponsor's computer is the official time-keeping device 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 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 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. To participate in the Sweepstakes, you must have an account with Perry Ellis. If you do not already have an account with Perry Ellis, you may create a free account as instructed by the Perry Ellis website located at www.perryellis.com (the “Website”). Once registered on the Website, review a product on the Website and you will automatically be entered into the Sweepstakes. You may review as many products as you wish and each product review will constitute one (1) entry. For the purposes of this promotion, an "entrant" shall consist of a person, family, or household with a valid email address. In the event of a dispute regarding the identity of the person submitting entry, the entry will be deemed submitted by the person in whose name the email account is registered provided that person meets all eligibility criteria set forth in the Eligibility section of these Official Rules. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON JANUARY 31, 2015. Entering or attempting to enter the Sweepstakes 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. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned. All product reviews must be in English. Sponsor does not guarantee the public posting of any product review and reserves the right, in its sole discretion, not to post your review for any reason, including, but not limited to, if it contains any of the following types of content or violates Sponsor’s Terms and Conditions: any content that infringes upon the copyrights of any third parties; contains
obscene, lewd or offensive language; comments on other retailers or websites; comments on competitive products or other products, pricing or availability. Only approved product reviews qualify for entry in the Sweepstakes; any rejected reviews will not be entered in the Sweepstakes. 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. Winner selection; odds of winning. The Sponsor-designated judges will randomly draw one (1) potential winner 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. Prize. The winner will receive a Perry Ellis e-certificate for online use or in-store use valued at $500 (approximate retail value ("ARV") of the prize: $500). The e-certificate is not valid at specialty or department stores. 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. Unclaimed prize may not be awarded. 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 winner will be notified via email on or about February 6, 2015 and is subject to verification as to eligibility prior to the awarding of the prize. The winner 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. The winner 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 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.
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 Sweepstakes or Sponsor, worldwide and in perpetuity for
7. Grant of Rights. Each entrant into the Sweepstakes hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free license to use the product review, in whole or in part, in connection with the Sweepstakes and/or for marketing purposes in any and all media channels. By entering the Sweepstakes, you represent that providing such review and granting the rights granted to Sponsor herein do not conflict with any commitment you have with a third party.
8. Representations and Warranties; Indemnification. Each person who enters this Sweepstakes represents and warrants as follows: (i) the product review is owned by entrant and has not been previously published, distributed or otherwise exploited; (ii) the product review 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 product review 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 product review 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 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; (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 Sweepstakes-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 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 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 on the Website.
10. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, 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 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 in connection with this Sweepstakes. 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 Sweepstakes, 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 Sweepstakes (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. You understand that the information that you provide will only be used in accordance with the administration of the Sweepstakes and any other purpose for which you granted consent by entering this Sweepstakes. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor.
12. Winner List. To receive a statement of who was selected as the winner, after November 7, 2014, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: Perry Ellis Fall 2014 Product Review Sweepstakes, 3000 N.W. 107 Avenue, Miami, Florida 33172.