|THE ORIGINAL PENGUIN® MYSTERYLAND FESTIVAL 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 Original Penguin® Mysteryland Festival Sweepstakes (the "Sweepstakes") is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws.
1. Entry Period. The Sweepstakes entry period begins at 12:00:01 AM Eastern Time ("ET") on May 20, 2016 and ends at 2:59:59 PM ET on May 27, 2016 (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.
2. Eligibility. The Sweepstakes is open only to legal residents of the continental United States, who are 21 years of age or older at the time of entry. Proof of residency and age may be required. Employees of Perry Ellis International, Inc., 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. Void where prohibited
3. How to Enter. During the Entry Period, go online and visit http://bit.ly/1XmNmZN to access the entry form, complete the required fields, and submit the registration form to receive one (1) entry into the Sweepstakes. You will be required to check the box indicating your agreement to these Official Rules. No other attempted method of entry will be accepted. By participating in the Sweepstakes, you agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. ALL ENTRIES MUST BE RECEIVED BY 2:59:59 PM ET on May 27, 2016.
4. Restrictions on Entry. There is a limit of one (1) entry per person per day. A “day” begins at 12:00 AM ET and ends 24 hours later at 11:59:59 PM ET. (A given e-mail address may only be used by one (1) person to participate in the Sweepstakes). Any dispute as to identity of entrant shall be resolved by Sponsor in their sole discretion. Entries by the same person in excess of the limits stated herein will be disqualified. 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 submitted 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 email address. Computer generated entry forms and entries (except as permitted in these Official rules) are ineligible and will be disqualified. Entries 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 is prohibited and any such entries will be deemed void and disqualified. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
5. Selection of Winner/Winner Notification. The winners will be selected in a random drawing conducted by Sponsor on or about May 30, 2016. The drawing will be conducted from all eligible entries received during the Entry Period. Potential winners will be contacted via e-mail and are subject to verification as to eligibility prior to the awarding of the prizes. 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") within the time frame or by the date specified in notification or an alternate winner may be selected. Winners must redeem prize within 48 hours from date of winner notification or prize will be forfeited. 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. Odds of winning depend on the number of eligible entries received.
6. Prizes. Prizes (6). Each Prize winner will receive the following: two (2) VIP tickets with VIP camping passes to the festival “Mysteryland,” scheduled to take place in Bethel Woods New York from June 10, 2016 to June 13, 2016; one (1) Custom Original Penguin x Grand Trunk Hammock; and one (1) $500 Original Penguin gift card (approximate retail value (“ARV”): $1,700). 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 prizes will 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.
8. 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 respective 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 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, 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. 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 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 and/or revoke a prize award from 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) suspected of entering or attempting to enter the Sweepstakes 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 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 from all eligible entries received as of the termination date.
10. Sponsor. Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. Any and all questions; comments or complaints regarding the Sweepstakes must be directed to Sponsor.
11. Winner List. To receive a statement of the selected winners, after May 31, 2016, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: Marketing “Original Penguin Mysteryland Festival Sweepstakes,” 3000 N.W. 107 Avenue, Miami, Florida 33172.