PETE THE PENGUIN LOGO CHALLENGE CONTEST

Sponsor. Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Instagram.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The An Original Penguin by Musingwear® PETE THE PENGUIN LOGO CONTEST (the “Contest”) entry period begins at 12:00 AM Eastern Daylight Time ("EDT") on April 25, 2020 and ends at 11:59 PM EDT on May 3, 2020 (the "Entry Period"). Sponsor's clock shall be the official timekeeper for the Contest.

Eligibility. The Contest is open to legal residents of the 48 contiguous 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., 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. By participating in the Contest, 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. Void where prohibited by law.
How to Enter. To participate in the Contest, you must have an account with Instagram. If you do not already have an account with Instagram, you may create a free account as instructed by Instagram.com. To enter the Contest, during the Entry Period, eligible participants must : (a) log onto their Instagram account; (b) get creative by redesigning the iconic Original Penguin logo and drawing or handcrafting their own Pete the Penguin and posting their redesigned Original Penguin logo in their Instagram Story tagging @OriginalPenguin and using the designated hashtags (#PeteThePenguinContest and #OriginalFromHome). ALL ENTRIES MUST BE RECEIVED BY 11:59 PM EDT ON MAY 3, 2020. No other method of entry will be accepted. Although it is free to enter, if you enter using your mobile device, standard message and data charges may be incurred.

Before entering the Contest, you are encouraged to review Sponsor’s privacy policy found at originalpenguin.com/pages/privacy-policy.

Guidelines and Restrictions on Entry. Limited to three (3) entries per person. Entries will be deemed to have been submitted by the authorized Instagram account holder associated with the username used at the time of the entry, respectively. "Authorized account holder" is defined as the natural person who is assigned to the user name by Instagram that is responsible for assigning user names associated with the submitted Entry. Participants must enter using only an Instagram account subscribed to and registered in his/her name. 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 Contest multiple times through the use of multiple email addresses or user names, 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. Each Entry:

Must be posted during the Entry Period;
Must be public to appear in the Instagram hashtag gallery;
Must contain all designated hashtags (#PeteThePenguinContest and #OriginalFromHome);
Must tag @OriginalPenguin;
Must not contain any visible brand logos, except for Original Penguin brand;
Must be wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim;
Must not contain obscene, lewd or inappropriate messaging, including, but not limited to, references to sex, nudity, acts of violence or acts that may cause harm, illegal drugs, tobacco, firearms/weapons (or the use or any of the foregoing), as determined in Sponsor’s sole discretion;
Must not contain any visible materials that embody the name, likeness, or publicity rights of any person, living or dead, without express permission of the authorized parties;
Must be owned by entrant and has not been previously published, distributed, or otherwise exploited;
Must 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;
Must not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous; and
Must comply with the terms and conditions of Instagram.

By submitting an Entry, entrant warrants and represents that the Entry confirms to the Guidelines and Restrictions set forth above and that Sponsor may, in its sole and absolute discretion, disqualify an entrant from the Contest if Sponsor determines that the Entry fails to confirm to such requirements or these Official Rules. Entrant indemnifies, releases and agrees to hold harmless Sponsor, Instagram, and each of their respective parent, affiliates, divisions and subsidiaries, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from and against any and all liability arising from participating in the Contest, any Contest-related activity.

Grant of Rights. By submitting an Entry into the Contest, each entrant hereby irrevocably grants Sponsor all rights in the Entry free and clear of any liens, encumbrances, or other third party interests of any kind, and free of any claims or litigation, whether pending or threatened, for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
Prizes/Odds. Three (3) total prizes will be awarded – each Prize winner will receive one (1) $150 Original Penguin digital gift card redeemable at originalpenguin.com or at participating Original Penguin standalone retail store and not valid towards the purchase of Original Penguin gift cards. All federal, state and local taxes on the prize are the sole responsibility of winner. 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). Odds of winning a prize depend on the nature, quality and number of eligible entries received.
Winners Selection/Notification. Three (3) winners will be selected from all eligible Entries received during each Entry Period. The winners will be selected by the Sponsor-designated judges on or about May 4, 2020 from all eligible Entries received during each Entry Period based on the following criteria: (a) “originality” – 50%, “creativity” – 25%, and “relevance with the contest theme” – 25%. The three (3) Entries with the highest score from the Sponsor-designated judges during the Entry Period will be deemed the potential winners. The potential winners will be notified on or about May 5, 2020. Decisions of the judges shall be final and cannot be appealed. The potential winners will be notified via direct message on Instagram. Winner confirmation is subject to verification of eligibility and compliance with these Official Rules. 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, as determined by Sponsor in its sole discretion. 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/her parent or legal guardian. Winners must claim 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 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 Contest 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 Contest 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.
Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free license to use the Entry in connection with the Contest in any and all media channels. 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 (including but not limited to the photo entry submission), pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Contest, entrants will be sharing their personal information with Sponsor, not Instagram. Personal information collected by Sponsor will be used for administration of the Contest and awarding the Prize. Sponsor is not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy.
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 and/or Instagram accounts, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her email and/or Instagram 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. If the Contest 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 Sponsor’s official Instagram account.
Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor, Instagram, and each of their respective parent, 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 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 Contest, shall be resolved individually, without resort to class action, and 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. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased.
Winner List. To obtain a copy of the winner's list, available after August 31, 2020, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Attn: Marketing “Pete the Penguin Logo Contest”, 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by October 31, 2020.