Van Heusen ‘Hall of Fame Enshrinement’ Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID IN THE UNITED STATES
AND DISTRICT OF COLUMBIA (D.C.) ONLY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHERE PROHIBITED.
DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
SWEEPSTAKES NAME: Van Heusen ‘Pro Football Hall of Fame Enshrinement’ Sweepstakes (the “Sweepstakes”).
SWEEPSTAKES DATES: Sweepstakes entry period begins at 12:00:01 am Eastern Time (ET) on November 20, 2009 and ends at 11:59:59 pm (ET) on February 5, 2010 (the “Entry Period”). All entries must be received by 11:59:59 p.m. (ET) of the last day of the Entry Period. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void outside the 50 United States, and where prohibited or restricted by law.
ELIGIBILITY – WHO MAY ENTER: Sweepstakes is open only to legal residents of the 50 United States and District of Columbia who are age 18 or older as of date of entry, except the following persons who are not eligible to enter or win:
(a) Employees, officers, and directors of Phillips-Van Heusen Corporation (“Sponsor”), Pro Football Hall of Fame Enshrinees Events, Inc., SmartReply, Inc. (“Administrator”), Million Dollar Media, LLC, participating retailers, each of their respective franchisees, parents, affiliated companies, subsidiaries, suppliers, distributors, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any such individuals. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grand children) and each of their respective spouses, regardless of where they reside.
(b) Individuals who are unable or unwilling to travel to Canton, OH between the dates of August 5, 2010 – August 9, 2010 to attend the Pro Football Hall of Fame Enshrinement Weekend.
HOW TO ENTER – THREE WAYS:
1. Text: During the Entry Period, you may enter the Sweepstakes if you are in possession of a mobile phone with a text plan. Enter the Sweepstakes by sending a text message to the designated short code (54989) with the designated key word “HOF” in the body of the message, or by replying to a Sweepstakes text message (which you had previously opted in to receive) with the given keyword to the short code provided in a mobile advertising message. You will be charged for all text messages, including any error messages, sent and received from your mobile phone according to the terms in your individual calling plan with your cellular provider. You must have a text messaging two way capable phone and digital service to enter using the text messaging method. Contact your cellular provider for pricing plans and details. All text entries must be received by 11:59:59pm ET on 2/5/2010 to be eligible. Maximum of one (1) text entry per person and per valid mobile number.
2. On-Line: To enter via on-line entry, visit www.vanheusen.com/sweeps during the Entry Period and fill out the registration page. Each entrant must complete the registration page with all required information including his/her name, zip, valid email address, phone number(s) (including area code(s)). After having read and agreed to these official rules (the “Official Rules”), click the submit button to submit your on-line entry. All required information must be provided and on-line entries must be received by 11:59:59pm ET on 2/5/2010 to be eligible. Maximum of one on-line entry per person and per valid email address. Any on-line entry submitted with an invalid email address will be disqualified.
3. Toll Free: To enter without texting or submitting an on-line entry, entrants may call 1 (800) 368-2188 from any phone line to enter the Sweepstakes [and follow the prompts and provide all required information.. All phone calls must be made and completed by 11:59:59pm ET on 2/5/2010 to be eligible. Limit of one entry per person via phone.
IMPORTANT: Each entrant who submits a text entry will receive an invite to become a member of the Van Heusen mobile club. If you opt in to become a member of the Van Heusen mobile club, you will be sent information about future Van Heusen contests and promotions, or special sales or offers directly to the mobile phone used to submit the text entry. Standard text & data messaging rates may apply. To opt out: text STOPVH to 54989 or call 1 (800) 368-2188. Allow up to ten (10) business days for your name to be removed from the Van Heusen mobile club list. Visit http://vanheusen.com/sweeps for privacy policy.
MAXIMUM OF ONE (1) ENTRY PER PERSON OR ELIGIBLE PHONE NUMBER OR EMAIL DURING SWEEPSTAKES ENTRY PERIOD, REGARDLESS OF ENTRY METHOD.
Any incomplete or illegible entries will be disqualified at Sponsor’s discretion. Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any cell phone provider, network systems, computer equipment, servers, or software, including any injury or damage to any entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.
Each entrant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s mobile number or email address will be disqualified and ineligible to claim any prize. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.
In the event of a dispute as to any text-entry registration, the “Authorized Mobile Phone Account Holder” of the mobile phone used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “Authorized Mobile Phone Account Holder” is the natural person listed on the account, at the actual time of entry, by the cellular service provider, associated with the mobile phone number used to submit the text entry.
In the event of a dispute as to any on-line registration, the “Authorized E-mail Account Holder” of the e-mail address used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “Authorized E-mail Account Holder” is the natural person assigned an e-mail address, at the actual time of entry, by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
By entering the Sweepstakes, you affirm that you have read, accepted, and agree to abide by these Official Rules and the decisions of the Sponsor which are final and binding in all respects. The laws of the United States apply to and govern this Sweepstakes and any claims must be raised and resolved in the United States. Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with Phillips-Van Heusen Corporation’s Privacy Policy [Link?]. All entries received become the property of the Sponsor and will not be acknowledged or returned.
ODDS OF WINNING: Odds of winning a prize depends upon the total number of eligible entries received during the Entry Period from all entry methods combined. All entries are equal regardless of method of entry.
WINNER SELECTION & NOTIFICATION: On or about February 6, 2010 a random drawing shall be conducted Administrator from among all eligible entries received from all entry methods combined to select a total of one (1) potential grand prize winner (see grand prize description below). Odds of being selected as a grand prize winner are dependent upon the total number of eligible entries received from all entry methods combined. Decisions of the Administrator in the selection and determination of prize winner and all matters relating to this Sweepstakes are final and binding.
The selected potential grand prize winner will be notified initially by phone beginning on or about February 7, 2010. If the Administrator is unsuccessful in its attempt to reach and speak directly with the selected prize winner by phone after 3 attempts over a 72-hour period to the phone number listed on that contestant’s entry, then that contestant may be disqualified, and at Sponsor’s sole discretion, an alternate potential grand prize winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above ( time permitting). Messages will not be left for any potential selected winner during the notification process.
Upon notification, the potential winner must confirm his/her eligibility and his/her address for paperwork delivery. If the selected entrant does not meet the eligibility requirements, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate potential winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified entrant will not receive any alternate prize substitution or compensation.
All of the following will apply for each prize winner: 1) winner will be required to complete and return, within 5 days of date of receipt, a prize acceptance form, an affidavit of eligibility, and a liability/publicity release (where permitted) which must include the name of their travel guests; and a W-9 form (if prize value is greater than $600); 2) winner will be required to present a copy of a valid driver’s license, passport or government identification as a condition of receiving any prize [and 3) winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on any prize or portion(s) thereof awarded, and will receive a 1099 form (if prize value exceeds $600). Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.
GRAND PRIZE – Maximum of (1) prize award : One (1) grand prize will be awarded. The grand prize winner will receive a trip for four (4) (winner and three (3) guests age 18 or older) to Canton, OH between the dates of 8/5/2010 – 8/9/2010, for the Pro Football Hall of Fame Enshrinement weekend with an approximate retail value not to exceed $10,354. The grand prize trip includes:
Certain travel restrictions and black-out dates may apply. Released Parties are not responsible for any travel delays or difficulty, lost, stolen or damaged baggage, or for any cancellation of any of the scheduled activities, events or games. If travel delays or difficulty prevent arrival in time for any and all elements of trip, Sponsor is not responsible for awarding any compensation in lieu thereof. Each winner and his/her guests must travel together on the same itinerary. Any changes to travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point of departure and any airfare fluctuations.
Winner’s travel guests must be at least 18 years of age, and will be required to execute and return a liability/publicity release to be returned within five (5) days of receipt. .Tickets are subject to certain terms and conditions specified thereon. Seat locations, if any, will be as solely determined by Sponsor. Winner and guests must comply with all venue rules and regulations. All meals, gratuities, baggage fees, applicable taxes (including, but not limited to all local, state and federal taxes) and any other expenses not specified herein as being included in the prize are the sole responsibility of the winner.
Winner must accept prize delivery as instructed by Sponsor. All prize awards are non-transferable and no cash redemption or prize substitution will be allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion, or to award the cash value of the grand prize due to any travel difficulties, delays or issues with travel availability. Maximum retail value of grand prize award not to exceed: $10,354.
Additional Rules & Restrictions: By participating in this Sweepstakes, entrants agree to abide by and be bound by the Official Rules and decisions of Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. Participation in the Sweepstakes constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade [In relation to the Sweepstakes?] in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission of entrant, unless prohibited by law.
By participating, each entrant agrees to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), losses or expenses arising out of or relating to such entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond the Released Parties’ control.
Entrants are restricted to use of ordinary and typical computer equipment, phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of an entrant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Sponsor’s control, or otherwise. Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. Sponsor disclaims all liability for any delays, mis-deliveries, losses, or failures in the delivery of any items sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participation in or the downloading of any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or which may occur in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the administration or execution of the Sweepstakes, the cancellation of the Sweepstakes, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the contest website.
Sponsor reserves the right to disqualify any entrant acting in violation of the Official Sweepstakes Rules or who is found tampering with the entry process or with the operation of the Sweepstakes. Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the sweepstakes may be in violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from such entrant to the fullest extent permitted by law.
Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct, technical failures, or any other event beyond Sponsor/Administrator’s control, destroys or threatens the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to select a potential winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New York; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event will entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York.
Official Rules & Winners List: For a copy of these Official Rules or the name(s) of the winner(s), send a self-addressed stamped envelope to be received by 3/15/2010 to: Van Heusen Hall of Fame Sweepstakes, c/o Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting: Official Rules or Winners List.
Administrator: This Sweepstakes is administered by SmartReply, Inc., 6410 OakCanyon, Suite #100, Irvine, CA92618.
SPONSOR: The Sweepstakes is sponsored by Phillips-Van Heusen Corporation, 200 Madison Avenue, New York, NY10016.