THE PEONY GIVEAWAY
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The "Peony Giveaway" (the "Sweepstakes") entry period begins at 12:00 AM Eastern Time ("ET") on April 18, 2016 and ends at 11:59 PM ET on May 9, 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. 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 continental United States, who are 18 years of age or older and a registered member of Influenster at the time of entry. If you are not a registered Influenster member, you can sign up for free at www.influenster.com. Proof of residency, age and Influenster membership 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. 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. You must take the following steps to receive one (1) entry into the Sweepstakes: (1) on Twitter, retweet the sponsored article and, in your retweet, include the mandatory hashtags #contest and #peonygiveaway and tell us why you need to snag some Peony gear; (2) follow @peonyandme on Instagram; and (3) sign up for the Peony newsletter on http://www.peonyandme.com/et-
3. Selection of Winner. At the conclusion of the Entry Period, one (1) First Prize winner, one (1) Second Prize winner and one (1) Third Prize winner will be randomly selected by the Sponsor-designated judges from all eligible entries received. Winner confirmation is subject to verification of eligibility and compliance with these Official Rules. Odds of winning a prize depend on the number of eligible entries received. The selection of the winner shall be final and cannot be appealed.
4. Prizes. One (1) First Prize winner will receive a $200 gift code (approximate retail value ("ARV") $200); one (1) Second Prize winner will receive a $150 gift code (ARV $150); and one (1) Third Prize winner will receive a $100 gift code (ARV $100), which gift code prizes are redeemable online only at www.peonyandme.com. There are no minimum purchase requirements associated with the gift codes and any unused balance after purchase may be carried forward. Gift codes may be subject to other terms and conditions. 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). ARV of all prizes is in U.S. dollars.
5. Winner Notification. Winners will be notified by email and/or direct message and 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. 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 email or social media accounts, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her email or social media accounts; (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.
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, Influenster, Twitter, Instagram and their 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 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 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 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 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. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor, not Twitter or Instagram.
10. Winner List. To obtain a copy of a winners' list, after May 9, 2016, send a self-addressed, stamped envelope to: Perry Ellis International, Inc., Peony Giveaway, 3000 N.W. 107 Avenue, Miami, Florida 33172 for Sponsor's receipt by no later than June 30, 2016.