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THE "PERRY ELLIS: MAKE ME OVER!" CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The "Perry Ellis: MAKE ME OVER!" Contest (the "Contest") entry period begins at 12:01 AM Eastern Standard Time ("EST") on Friday, July 10th, 2009 and ends at 11:59 PM EST. on September 30, 2009 (the "Entry Period"), when all entries must be received. Eastern Standard Time shall control for all purposes of this Contest. Sponsor's clock shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void were prohibited. 1. Eligibility. The Contest is open only to male individuals who are legal residents of the 50 United States and 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" or "Perry Ellis"), 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 Contest 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 Contest. 4. Selection of Winner. On or about October 15, 2009, winners will be selected by the Sponsor-designated judges from among all eligible entries received on the basis of (i) need; (ii) persuasiveness; (iii) creativity; and (iv) originality. Based on the above criteria, each of which will be given equal weight, the eligible entrants with the highest cumulative score will be selected as the Grand Prize Winners. Odds of winning depend on the nature, quality and number of eligible entries received. Decisions of judges are final and cannot be appealed. In the event of a tie, the entrant involved in the tie with the highest need/persuasiveness score will be selected as the winner. Sponsor reserves the right to disqualify any entry it believes, in its sole discretion, is indecent or otherwise inappropriate. On or about October 30, 2009, selected potential winners will be notified by mail, phone and/or e-mail, at Sponsor's discretion, using the information provided on the potential winner's entry form. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. In Sponsor's sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible entrants if selected potential winner: (i) 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 is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; (iii) is found to be ineligible to enter the Contest or receive the prize; or (iv) cannot or does not comply with these Official Rules. Forfeited prizes may not be awarded. Sponsor is not obligated to leave voice mail, answering machine, or other message. Selected Grand Prize Winners will be required to complete, notarize and return (as directed by Sponsor) an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law)(collectively, the "Affidavit") within fourteen (14) days of date specified in notification or, in Sponsor's sole discretion, prize may be forfeited and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entrants. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any. In Sponsor's sole discretion, the Grand Prize Winners' Essays (in whole or in part) and/or Photos will be posted on the Blog, Twitter, Facebook and other social networking sites or any websites owned or operated by Sponsor. By accepting a prize, each winner agrees and acknowledges that Releasees and any of their designees may, without any limitation or further compensation, use his name, voice, biographical data, likeness, picture, entry materials, Essay (in whole or in part) and photograph (including, but not limited to, Photo submission as well as other photographs of him), city name and audio and/or video recording of him in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Contest, or any other promotion, contest or sweepstakes sponsored by Sponsor or for any other promotional purpose, except where prohibited by law. By participating in the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prizes. In addition, by participating, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at www.perryellis.com. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosure made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation, to select the winner from the remaining, non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that Contest is modified, cancelled or suspended, notification of such event will be posted at www.perryellis.com. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes. Sponsor may prohibit participant from participating in the Contest or winning a prize if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. 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 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 they may have. 6. Sponsor: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. 7. Winner List/Official Rules. To obtain a copy of the winners' list, available after October 30th, 2009, send a self-addressed, stamped envelope to: "Perry Ellis: MAKE ME OVER!" Contest, 3000 N.W. 107 Avenue, Miami, Florida 33172.
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