“ORIGINAL PENGUIN® RESERVE
FRAGRANCE GIVEAWAY” OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Original Penguin® Reserve Fragrance Giveaway (the "Sweepstakes") begins at 10:00 A.M. Eastern Time (“ET”) on June 5, 2013 and ends at 11:59 P.M. ET on June 11, 2013 (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 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. 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. To enter the Sweepstakes, (1) you must follow Original Penguin (“@originalpenguin”) on Instagram; and (2) using Instagram, repost the photo that Original Penguin will upload at 10:00 A.M. ET on June 5, 2013 (the "Photo"). The Photo must be reposted using the hashtag “#penguinfragrance”. To participate in the Sweepstakes, if you do not already have an Instagram account, download the free Instagram application (compatible with iPhone, iPod touch, iPad and Android) and create an account as instructed. There is no limit on the number of times that you may repost the Photo but you cannot win more than one (1) prize. Entries will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Photo is reposted at the time of the entry, as identified by the primary email address associated with that account.
3. Selection of Winners. Ten (10) winners will be selected by the Sponsor-designated judges from all eligible entries received in a random drawing to be held on or about June 12, 2013. Odds of winning depend upon the total number of eligible entries received. Decisions of judges are final and cannot be appealed.
4. Prizes. Ten (10) winners will each receive one (1) gift set of Reserve by Original Penguin fragrance (approximate retail value ("ARV") of prize $101.00). All federal, state and local taxes on the prize are the sole responsibility of the winners. All prizes claimed will be awarded. Any portion of the prize not accepted or unclaimed and/or unused by the winners 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 prize is in U.S. dollars.
5. Winner Notification. Potential winners will be announced on or about June 12, 2013 via Instagram. In Sponsor's discretion, potential 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") by the date specified by Sponsor 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 winner's behalf by his parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or winner notification or Affidavit is returned as undeliverable; (b) 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) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) 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. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any.
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, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her Instagram or 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; 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 email addresses or Instagram accounts 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 prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.
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 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, 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 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.
9. Sponsor: Perry Ellis International, Inc. and its affiliates, the owners of the Original Penguin® brand, 3000 N.W. 107 Avenue, Miami, Florida 33172. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Any and all questions, comments or complaints regarding the Sweepstakes must be directed only to Sponsor and not Instagram.
10. Winner List. To obtain a copy of the winner's list, available after June 12, 2013, send a self-addressed, stamped envelope to: The Original Penguin® Reserve Fragrance Giveaway, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by October 1, 2013.