BACK TO BUSINESS CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. ENTRY OPEN ONLY TO INDIVIDUALS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR JURISDICTION. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (THE “OFFICIAL RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND JAWHP, LLC (“SPONSOR”) THAT GOVERN ENTRY INTO THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering, you are providing your information to Sponsor and not to Instagram. To the extent of any conflict between these Official Rules and terms, guidelines or policies of Instagram, these Official Rules will apply.
1. Eligibility: This Promotion is open to any individual who is at least 18 years of age or the age of majority in their place of residence, whichever is greater, as of the commencement of the Entry Period (defined below). Individuals who are employees, officers, representatives, or directors of Sponsor, and its respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. Only one entry is permitted per household. All applicable federal, state, territorial and local rules apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: This Promotion begins on July 20, 2020 at 12:01am Eastern Time and ends on August 31, 2020 at 11:59 p.m. Eastern Time (the “Entry Period”). Sponsor is the official timekeeper for the Promotion.
3. How to Enter The Promotion: To enter the Promotion, the otherwise eligible entrant must perform one or more of the following acts: (a) have a photograph taken depicting yourself (i.e., a “selfie”) within any Men’s Wearhouse® store during the Entry Period and post the photograph on your Instagram page with the hashtag #BacktoBusiness during the Entry Period; and/or (b) submit a receipt during the Entry Period evidencing your purchase of any JOSEPH ABBOUD® product from any Men’s Wearhouse® store during the Entry Period (such submission to be effectuated through sending the receipt to Sponsor through direct message on Sponsor’s @JosephAbboud Instagram account). The entrant’s Instagram handle, through which the form of entry was submitted, shall be used by Sponsor to contact the entrant and to secure further contact information to deliver a Prize if awarded to such entrant. All Entries must be received by Sponsor during the Entry Period or they will be void. Entries by any method other than those set forth above are void. Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries, entries not submitted or not received due to an error by the entrant. Entries must not be sent through agencies or third parties.
4. Your Submission. By your entry, (a) you represent and warrant that any photograph you submit as part of the entry process (a “Photograph”) is original and does not infringe upon or otherwise violate the intellectual property and/or other rights of any person or entity; and (b) you grant Sponsor the perpetual, royalty-free, assignable and sublicensable right to use the Photograph (in its original form and/or in any form as may be modified by Sponsor) on or in connection with promotion of any brand, goods or services offered by Sponsor.
5. Selection: During the first week of September 2020, Sponsor shall randomly select ten (10) entries as the winning entries and the persons who submitted those entries shall be the “Winner” subject to satisfaction of all underlying eligibility requirements and compliance with all other terms and conditions herein.
All determinations by Sponsor are final and binding with respect to all matters relating to the Promotion.
6. Winner Notification and Declaration/Affidavit of Eligibility/Tax Forms: Sponsor or its designee shall attempt to contact the Winners via direct message on Instagram, at the account identified in each appliable entrant’s Entry, during the first week of September 2020. Each Winner may be required to complete a declaration of eligibility or an affidavit of eligibility (an “Affidavit of Eligibility”) as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of the Prize.
Each Winner must return the fully executed Affidavit of Eligibility and provide all other requested information and documents to Sponsor within three (3) days (i.e. 72 hours) following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of a Prize and selection of an alternate winner. If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may also be disqualified and an alternate Winner will be determined by random selection among all prior eligible entrants. If a potential winner cannot be contacted within seventy-two (72) hours after the first attempt to contact such potential winner, an alternate entrant may be selected in his or her place from all entries received.
7. Prize: Each Winner shall receive a prize (the “Prize”) of a One Thousand U.S. Dollar ($1,000) gift card for use at any Men’s Wearhouse® clothing store. Awarding of each Prize is subject to verification of eligibility and compliance with these Official Rules. The odds of winning a Prize depend on the number of entries received.
The Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a Prize with a prize of comparable or greater retail value, at its sole discretion. All taxes on Prize and all costs and expenses related to acceptance and use of any Prize not specified in these Official Rules as being provided are the sole responsibility of the Winners. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the Prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion.
8. Grant of Publicity: To the greatest extent permitted by law, by participating in this Promotion, you agree to permit Sponsor and its licensees, agents and designees to use your entry, Photograph, name, city and state/hometown address, voice, statement, image and/or other likeness for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including, but not limited to, within their websites and on their social media pages, in perpetuity, worldwide without further consideration or permission from, or notification to you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.
9. General Conditions: By participating in this Promotion, you agree: (a) to be legally bound by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Promotion; and (b) to release, waive, discharge, indemnify, defend and hold harmless Sponsor, Instagram, and their respective parents, affiliates, subsidiaries, licensees and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors, customers and suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to the participation in the Promotion or the acceptance, use or misuse of a Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person that is first named in the Entry, as determined by Sponsor. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
By entering the Promotion, you represent and warrant as follows: (a) the Entry is your own for you to win a Prize; (b) the Entry does not contain any false information; and (c) you only submitted one (1) Entry. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole discretion, deems to violate these Official Rules. Released Parties are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries or votes; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, inaccurate, delayed, stolen, garbled, misdirected, illegible, or incomplete entries; or (d) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the potential Prize winner; or any condition caused by events that may cause the Promotion to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by you or any other individuals, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person or their property related to or resulting from participating in this Promotion or otherwise receiving a Prize. Persons who tamper with or abuse any aspect of the Promotion, who act in an unsportsmanlike or disruptive manner, or who are otherwise in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right, to the extent permissible under law, in its sole discretion, to cancel, terminate, modify or suspend the Promotion or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Promotion, and limit Entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the Prize from all non-suspect, eligible Entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Promotion, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
10. Governing Law/Jurisdiction: The Promotion and these Official Rules, including, but not limited to, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, other entrants, the potential winners, winners, the Sponsor, shall be exclusively governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
11. Sponsor: JAWHP, LLC, 230 Park Ave., Suite 1160, New York, NY 10169.
12. Winners List/Official Rules: To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to JAWHP, LLC, 230 Park Ave., Suite 1160, New York, NY 10169, Attn: Contest Department (VT residents may omit return postage). The request must be received within six months after the Winners for the Promotion are chosen.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor. If you have any questions about this Promotion, please contact Sponsor.