ORIGINAL PENGUIN®FAB SWEEPSTAKES OFFICIAL RULES
1. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A purchase or payment will not improve your chances of winning. The Original Penguin® “Show Us How Original You Really Are” Casting Call Contest (the "Contest") begins at 1:00 PM Eastern Time ("ET") on March 24, 2013 and ends at 4:00 PM ET on March 24, 2013 (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.
The Contest is open only to residents of the State of Florida, 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. 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 a 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. Entrant must be able to travel to Miami, FL on April 13, 2013 in order to be eligible for Contest.
3. How to Enter the Contest.
A casting call (the “Casting Call”) will take place from 1:00 PM ET until 4:00 PM ET on March 24, 2013 at the Original Penguin store located at 925 Lincoln Road, Miami Beach, FL 33139. Dates and times are determined solely by Sponsor and are subject to change. The opportunity to participate in a Casting Call will be available on a first come, first served basis and is limited to the first 150 people per day. Sponsor does not guarantee that all entrants attending a Casting Call will be able to participate. To enter the Contest at the Casting Call, you must follow the instructions provided by the Contest Representatives which includes the following: 1) Complete a Registration Packet including an Entrant Release Form; 2) receive a number; and 3) have your photo taken. The photos taken at the Casting Call will be used for judging purposes (as defined in Rule #4 below). All photos will be owned by the Sponsor, who shall have the right to use, edit, adapt, post, stream and copy such photos and all elements embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes without compensation to or permission from such entrant. All entry components submitted during the registration process at the Casting Call shall herein be referred to as the entry (“Entry”). Limit of one Entry per person. All Entries must adhere to the following Entry Guidelines and the entire Official Rules of the Contest. Any Entry that does not adhere to these Entry Guidelines or the requirements set forth in these Official Rules is subject to disqualification from the Contest:
1. You must appear in your Entry.
2. You must be the only person appearing in your Entry
3. Clothing worn in the Entry may not contain any visible logos (other than those owned by Sponsor),drawings, cartoons, phrases, trademarks or other third-party materials.
4. Entry may not include any musicians, or any other public or private figure, including any anti-social, political or religious groups, any advertisements, personal or commercial solicitation or promotional materials or full name, address, phone number, or URL address or other identifying information of any person or entity.
5. Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. Entry may not contain material that is inappropriate, indecent (including but not limited to nudity, or pornography), profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
6. Entrants and all submitted Entries must be in keeping with Sponsor's image/Original Penguin® brand image as determined by Sponsor, in its sole discretion, or Entry may be disqualified. The Entry may not disparage, slander or libel persons or organizations associated with Sponsor or any other brands, companies, or individuals.
7. The Entry may not contain information known by you to be false, inaccurate or misleading, including false, inaccurate, or misleading claims about Sponsor or its respective products.
8. The Entry may not contain any violence or content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule.
9. The Entry may not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.
10. The Entry may not contain material or content for which you were compensated or granted any consideration by any other third party.
Judging. All Entries will be judged by Sponsor-designated judges ("Judges") based on the following judging criteria: Originality (50%) and Best Representation of the Original Penguin Brand (50%) (collectively, the “Judges Score”).
Selection of Winner. At the conclusion of the Entry Period, ten (10) winners (five (5) males and five (5) females) and two (2) alternate winners (one (1) male and one (1) female) will be selected by the Sponsor-designated judges based upon the entrants having received the highest Judges Scores. Sponsor reserves the right, in its sole discretion, to select less than five (5) or more than five (5) potential male or female winners for each category, and to select less than one (1) or more than one (1) male or female alternate winner, as it deems necessary and appropriate based upon the quality and number of Entries, but in no event shall there be more than ten (10) winners and two (2) alternate winners overall. Winner confirmation is subject to verification of eligibility and compliance with these Official Rules. Odds of becoming a winner depend on the number and quality of eligible entries received. The selection of the winner shall be final and cannot be appealed.
Winner Notification. Each potential winner will be notified by phone or electronic mail on or before March 28, 2013 and will be required to sign and return an Affidavit of Eligibility and Liability and Publicity release and assignment of rights within three (3) days of notification attempt or the alternate female or male winner, as applicable, will be contacted, time permitting. Affidavit will be sent via mail/email and potential winner will be required to return the Affidavit within three (3) days of notification mail/email or may be subject to disqualification. Sponsor will make two attempts within a 24-hour period to reach each potential winner via phone and/or electronic mail (no messages will be left on voice mail/answering machines). Failure to reach any potential winner via phone and/or electronic mail within this timeframe may result in disqualification and an alternate winner may be determined, time permitting. In the event of a tie, the Sponsor will judge the tied potential winner based solely on Best Representation of the Original Penguin Brand to determine the winner in that Category.
Prize. The winners will win the opportunity to take part in a one (1) day modeling event during the grand opening of the new Original Penguin store at the Dadeland Mall in Miami, Florida on April 13, 2013 (the "Event"). Each winner will receive hairstylist, makeup and wardrobe services and model up to three (3) different looks during the approximately six (6) hour Event. Each winner will also receive one (1) $500 gift card redeemable at any Original Penguin retail location or online at www.originalpenguin.com. Gift card is subject to its terms and conditions. The approximate retail value ("ARV") of the winner's entire prize package is $600. Each alternate winner will receive a $100 gift card redeemable at any Original Penguin retail location or online at www.originalpenguin.com. Gift card is subject to its terms and conditions. The approximate retail value ("ARV") of the alternate winner’s entire prize package is $100.Any difference between actual value and stated ARV (if actual value is lower than stated ARV) of any prize will not be awarded. All federal, state and local taxes on the prize are the sole responsibility of winners/alternate winners. Winners are solely responsible for transportation to and from the Event, lodging and any and all other expenses and incidentals that are not specified herein. Sponsor is not responsible or liable if there is a change in the date or any other details of the Event, in which case the winners may receive just the gift card portion of the prize package, without any further obligation from Sponsor. 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.
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, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her 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 and/or revoke a prize award from 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) suspected of entering or attempting to enter the Contest multiple times through the use 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 prize from all eligible entries received as of the termination date.
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 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 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, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. 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.
Sponsor: Perry Ellis International, Inc., 3000 NW 107th Avenue, Miami, FL 33172.To obtain a copy of the winners' list, available after April 14_, send a self-addressed, stamped envelope to: Show Us How Original You Really Are, Perry Ellis International, Inc., 3000 NW 107th Avenue, Miami, FL 33172, for Sponsor's receipt by April 30th, 2013.