UMiami Game Day Original Penguin Sweepstakes Official Rules (Abbreviated)
Original Penguin $250 SHOPPING SPREE SWEEPSTAKES AND SWEATSHIRT HOODIE
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The UMiami Game Day Original Penguin Sweepstakes (the "Sweepstakes") begins on January 16, 2023 at 12:00:01 AM Eastern Time ("ET") and ends at 11:59:59 PM ET on January 16, 2023 (the "Entry Period"), during which time 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. 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. Open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (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 parent, 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 (3) months a year, whether related or not. In order to enter the Sweepstakes 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 Sweepstakes.
2. How to enter. To enter the Sweepstakes, during the Entry Period, complete the survey sent to you via email, and submit as directed to receive one (1) entry into the Sweepstakes. Although it is free to enter the Sweepstakes, standard message and data charges may be incurred if you use your wireless device to submit your entry. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM ET ON JANAURY 16, 2023. Limit one (1) entry per person. Entries or attempts at entries by the same person in excess of the limits stated herein will be disqualified. Use of multiple emails, bots or other automated devices to enter by the same individual is prohibited and may result in disqualification. Entries will be deemed to have been submitted by the authorized account holder of the email address submitted by entrant with its 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. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned.
3. Random Drawing; Odds of Winning. After the close of the Entry Period, Thirty (30) potential winners will be randomly selected by Sponsor from all eligible entries received during the Entry Period. Odds of winning depend upon the total number of eligible entries received during the Entry Period.
4. Prizes. One winner will receive a $250.00 Perry Ellis International shopping spree, awarded in the form of a single-use e-gift card/redemption code, which is valid towards a one-time online purchase up to $250.00 (exclusive of any applicable sales tax, shipping or other fees) made at www.perryellis.com. E-gift card/redemption code must be redeemed in one (1) order; not valid towards the purchase of gift cards. Approximate retail value ("ARV") of prize: $250.00. All federal, state and local taxes on the prize are the sole responsibility of the prize winner. E-gift card/redemption code will not be replaced if lost or stolen. Any portion of prize not accepted or unclaimed and/or unused by winner 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 prizes is in U.S. dollars. Second prize winners will receive one (1) Sweatshirt Hoodie as set out in Exhibit A of this agreement for the lucky row for in-game totaling a total amount of thirty (30) individual prizes.
5. Winner Notification. Potential winner will be notified via email using the information provided by potential winner with its entry. Winner may be required, in Sponsor's discretion, to complete and return a Declaration of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Declaration") by the date or within the time frame specified by Sponsor or an alternate winner may be selected, in Sponsor's discretion. If potential winner is under the age of majority in its state of legal residence, the Declaration must be executed on its behalf by its parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based or winner notification or Declaration 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 Declaration-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.
7. No Tampering, Right To Cancel, Modify. Sponsor and its parent, 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, and including but not limited to, by reason of spam filters, 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, epidemic, pandemic or outbreak of communicable disease, quarantine, national, regional or state of emergency or emergency disaster, weather or any other similar event, cause or circumstance 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 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 in a random drawing 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 agree to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members (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. 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 guarantee, 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 resolved individually, without resort to any form of 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 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 convenient 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.
9. 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.
10. Winner List. To obtain a copy of the official winner's list, available after January 17, 2023 send a self-addressed, stamped envelope to: UMiami Game Day OPG Sweepstake’s, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by February 1, 2023.